Right of access - neighbour has created their own access point

[RHack08]

Hi, I own a mid terrace with a shared path and right of access across the bottom of my garden to steps. The path is shared but the steps belong to me. Deed states "the land has the benefit of a right of way over the land shown hatched brown on the filed path subject to the payment of one half part of the cost of repairing and maintaining the same in good order". The neighbour put in his own steps on his land and i have put a fence round my garden, but he is now planning to sell next year and i'm worried the new owners might want access to the steps on my land. If the neighbour has created his own access to his land does this void the right of access on the deed? Just a note that the neighbour has never contributed to the repair or maintenance of the path or steps. Many thanks

[des8]

If your steps are on the part of the land shown hatched brown on the filed plan, then the neighbour has RoW over them regardless of the fact he has his own steps.
If you have spent money on maintaining the RoW, you should do so in consultation with your neighbour so that you can then invoice him for his share

[EnglandPi]

I have a similar situation where I own a path but three neighbours have a right of way over it.

We also have a shared cost of repairing and maintaining the path but I have always funded it myself to save any hassle.

[RHack08]

Thanks DES8 :-) I have just got planning to put a garage the full width of the garden with the steps moving to sit at the bottom of the shared path (moving approx 2m). If I move the steps would I need to update the deed? or would it be irrelevant as the steps are still available for use?

[EnglandPi]

Are the steps mentioned on the deed or just the right of way?

[RHack08]

No mention of the steps specifically. Just right of way of the land marked hatched brown (which includes the steps).

[EnglandPi]

The right of way stands and the fact that there are steps be they yours or your neighbours have no relevence.

[RHack08]

So is there nothing that can be done? If the right of way isn't needed is there a way to apply for it to be removed?

[EnglandPi]

Yes It can be removed but only with the agreement with the party who has a right of way over it.

[RHack08]

Thanks both :-) I'll broach it with the new neighbours. Thanks again!

[des8]

If the neighbour won't agree to the extinguishment of the RoW, he may be amenable to it being rerouted.
Whatever, it needs a formal deed to extinguish or vary the route