Pathway problems

[downtownman]

I am in the process of buying my house from the local authority under a right to buy scheme, the problem is there is one pathway between my house and next door which is access to both properties, on the TP1 form it is saying that the authority will maintain the path but we will have to pay half the cost of any repairs is this correct as they would be able to ask for any amount from us. We have used the path for 41 years but have our own driveway on our property so could manage without it, but they are saying it is on the plans as a right of access but it is still their land/path. So if it is their path on their land are we liable for half the costs of any repairs ?

[des8]

Assume the neighbouring property is owned by the local authority.

If you really do not want that right of way (and consider carefully the implications this might have in the future) you could release or abandon it.
This would involve entering into a Deed of Release, to formally remove the right.

Otherwise you would have to contribute to maintenance costs if there is a covenant

[downtownman]

Thankyou thats food for thought and something I will definately look into, you are right neighbouring property is owned by the local authority but would they have to agree if I applied for a Deed of Release?

[des8]

I don't think their agreement is required , although of course they need to be notified.

Land Registry also need to be informed, the forms needed depended on whether or not the affected properties are registered.

Some light reading for you over the bank holiday :https://www.gov.uk/government/public...e-62-easements
your interest probably starts at sec 10, peaking at sec 12

[downtownman]

Thankyou so much for all your help, this has given me a way forward probably need to see a solicitor now about a Deed of Release. Once again thankyou for your reply.