Right of way issue.

[Andyhall50]

Hi. I am at the final stages of selling my house. A right of way was put on our deeds in 1945 to allow the house next door get to their land. The easement is 50ft down my drive. In the 75 years that followed the land at the bottom of my drive was sold several times. I currently own it and have for 14 years.
My neighbour has a small gate to his garden. It is accessed via my drive and it is 12 feet from the top of my drive. For the 15 years that I have lived there my neighbour uses his gate and it isn't a problem at all. Just below the neighbours gate is a set of metal gates blocking the remainder of the driveway.
The problem is that out purchasers are concerned that future owners of the house next door would have 50ft of our driveway they could potentialy access.
I believe that while they would in the deeds have 50ft of access they would only use 12 feet to gain access to their garden as at a point 50ft down the drive is our garden. Their 50ft of easement would mean that they can't go anywhere just stop on my land turn around and go back. The driveway is 6ft in height below next doors garden so the boundary is nearly 10ft vertically above my drive.
I feel like I am going insane, the purchaser is saying this is a big thing and a serious one. To me it isn't and to make it worse I am out of the country at the moment so panicking as the purchaser is saying this is potentially a deal breaker.
Does anybody know anything about this? I understand that a right of way has a start and end point that has to serve a purpose otherwise it would be a right of access.

Please help.

[Amethyst]

They after a discount? or could it be they thought they'd be able to use that land to develop and the easement stops them doing so? I think to be able to see what the actual issue is it might be a plan of the layout would help - and maybe the wording from the deeds?

Have you discussed the 'issue' with your solicitor / conveyancer at all?

[Andyhall50]

Thank you. My solicitor has the same understanding as me. My worry is that the advice the purchaser is being given isn't right. I will do a diagram and send it over.
Thanks

[Andyhall50]

A rough plan. Will try and find better ones and the description.

[des8]

Is the neighbour prepared to agree to vary the easement so that it stops at the gate?
He might agree for a small payment and you to bear all costs.

[Andyhall50]

I will have to find out.
My question is more about if a right of way still holds if the original benefit is no longer there. If he did walk 50ft he would still be on my land and would be for another 1000ft. He could only turn around and come back.

[des8]

Been digging deeper and found this aside in an article:
"There is an assumption that the right has been abandoned where it can be shown that the original character of the dominant land has been changed to such an extent that the right of way has become unnecessary or impossible to exercise."

You could argue that the ownership of the dominant land (that parcel you now own at the bottom of the drive) has changed to such an extent etc etc.
That would be a legal argument if you ever came to blows (metaphorically) with your neighbour over the matter, and won't actually help solve your problem of selling the house as you still need to change that easement.

[Andyhall50]

Thank you. I have also read somewhere that I can apply to have it altered without the neighbours permission provided I can justify why it is no longer needed.
do you know any more?

[des8]

It would be interesting if you could find that article.
AFAIK the only way to extinguish an easement automatically is by the dominant land and servient land coming into the same ownership.

If you wish to pursue a claim for a right of way to be revoked due to lack of use, then this can be very difficult. You may be able to do so if you could demonstrate that the purpose for the right of way no longer exists. You will also need to demonstrate that those benefiting from the right of way has agreed that they no longer have use for the right of way and agree to release the right. This would involve entering into a Deed of Release, to formally remove the right.
Of course they might oppose such a claim, if only on the basis that at some future date the land at the end of the track could pass into the possession of
future owners of your neighbours property.

Your best hope is the quiescence of your neighbour!