Selling inherited property with a right of access for next door neighbour

[CAS18]

Hi
If anyone could give tips or advice we would be very grateful
1. House inherited has been sold and nearing completion. House old (1820s) and end cottage of 3. Sold in 1984 by owner of the middle cottage (owned both), then again 2003, then 2007 to our relative.
2.Right of access made across back/side of house in title deeds from 1984, when right of access of 10ft was put in deeds for owner of middle cottage only. He moved out 2 years ago and house sold.
3. Our cottage has fence around back garden leaving access way up and around back of about 5ft. Fence been there for many years but not sure how long before 2007. Replaced about 2 years ago.
4. Prospective buyer been warned off by their solicitor as he says that access rights are 10ft and therefore they may have to give up part of the garden, move things like sheds/greenhouses and an oil tank and cars may be able to use it.
5. We believe that, reading the charge in the title deeds, that the access may have been only to that owner not his successors as the term is ' the owner and occupier for the time being' and that access is only 'on foot or with hand propelled machinery or other vehicles' (not motorised) as the term motorised was not used.
6. Our solicitor says that we can't really challenge this as the only challenge available is to go to court and put it before a judge and the buyers solicitor has every right to present the worst case scenario to the buyer.
7. We don't know really where to go with this. We may lose this sale but will have issues probably even with the next sale so need to get some movement on what we can do. However, court will be very expensive I would expect.

Any help/info/ideas gratefully received. Thanks all.
CAS18

[des8]

Sorry, but that wording means whoever owns that property in perpetuity has the right of way 10' wide for any vehicle that will fit down it.

IMO your best hope is to persuade your neighbour in the dominant property to revoke ( give or sell) all or some of that right of way

[R0b]

Inclined to agree with Des.

'for the time being' could imply or somehow suggest that the arrangement is in place until such time it is changed and bearing in mind this is an easement of some form meaning there is usually an intention for it to be binding on successors, assuming nothing else in the wording indicates otherwise.

Really, for this easement to be limited to the owner and occupier at the time, it should have been explicitly to say something like 'for the benefit of Mr/Mrs X only for as long as he/she is the owner/occupier of the property' or 'this easement shall not be binding upon successors in title'.

Would also point out that rights of way are generally difficult to remove without consent of the benefiting party. Like your solicitor says, you can go to court and argue that the purpose is no longer required, exists or lack of use but it will be an expensive job.

Money usually talks, so getting out your cheque book and negotiate a price might be the better option if all else fails.