Legal Question in Real Estate Law in United Kingdom

Re: extinguishing a private right of way

A Permanent Easement like a right of way can end(i)By express release.

To take effect at law, an express release of an easement must be made under seal.

(ii) By implied release

By licence

(a)The owner of the land that benefits from the easement may authorise an act of a permanent nature to be done on his land with the consequence to prevent the future enjoyment of the easement, this will impliedly release the easement.

(b)Abandonment

An easement may be extinguished by abandonment. This can be shown by either Cessation of use of the easement or an alteration in the character of the dominant land so as to make it incapable of ever benefiting from the easement again.

Abandonment is not easily established because it must be shown that the owner of the benefit had a fixed intention never, at any time in the future, to assert the right to the easement or to attempt to transmit it to someone else.

(iii) In certain circumstances when the land is registered if the easement is not protected by registaration.

A brick wall can be pulled down as easily as it is erected so it is better to deal with it by express release