Easement (right of way)

[tesla6518]

atticus

Helping neighbour who has had brain tumors removed and gets confused.

He wishes to erect a wooden fence on his property down a driveway that separates two adjoining houses. His neighbour has said this is illegal and is causing him distress as they have a right of way. He believes the dominant Tenant has abandoned the right of way by building a substantial 3mtr rear extension that exceeds the right of way indicated on the Title plan Also the deeds state that the easement is for "Any purpose" is this description too wide to uphold the right of way. Title was conveyed 1938. The houses originally had garages at the rear, hence the right of way. garages have gone and only access by people. Has the necessity been removed

Questions:

Would a surveyor or solicitor be the best to give an opinion on the matter

[atticus]

This appears to be a legal question. That calls for a lawyer!

Is this rear extension trespassing on your neighbour's land?

[atticus]

I need to add to this. I cannot see from what you say and without further information how abandonment of the easement arises, whereas building a fence that prevents use of the right of way is asking for trouble.