Extinguishing right of way

[Letssortthis]

Good afternoon all

I wonder if anyone would have idea on how to proceed with our little predicament regarding a right of way an adjoining property has though the top of our garden to access their garden.

We are a terraced house and the neighbouring house has access across the back of our garden which is entered as an easement on the land registry some years ago. Whilst we have no issue with this currently we are mindful that our neighbour is quite elderly and becoming frailer and there will come a day when the property will change hands. Many properties in our area become holiday let's and we do not relish the thought of the access being used constantly and also the property being renovated and contractors using the access for anything and everything they will need to. There is access at the front of the terrace and many of our row of terraces do not have access and they all manage fine.

We are of the understanding (correct us if we are wrong) that the easement can be extinguished with the permission of the neighbouring house owner. We have approached him to ask him if he would be able to agree to the right of way being extinguished (but continue to let him have access for as long as they live there). Our neighbour has now informed us he can't do anything even if he wanted to because he took out an equity release.

2 questions really:
1. who does the permission need to be sought from to extinguish the right of way, the neighbour or the equity release company?
2. If permission lies with the equity release company (a major uk company) what do you think ouof them releasing the easement?

Thanks in advance

[atticus]

The borrower will have given covenants to the lender regarding the preservation of the security and all rights going with it. It is unlikely that a lender will agree to anything that might reduce the rights attaching to property that it holds as security, thereby potentially reducing its value.

[dslippy]

Sorry, but this is hopelessly optimistic. You do not know just how the equity release was done. It can be done in different ways creating differet requirements. One definite element of it all would be the consent of the funder who only loses out by agreeing.

You might buy it out (say) for a couple of thousand pounds, but you would also have to fork out for your own lawyer and each of the two sets of lawyers instructed by your neighbour and his lender, and probably valuation charges and administration fees.