A right of way never expires due to misuse.
If your neighbour wants to use it, then all concerned will have to open up their barriers to allow him.
If he insists on using the route as originally laid out, then the tree would have to be removed but he may agree to a diversion, although he doesn’t have to.21 Jul 2012
How long does a right of way last?
A right of way can also be established through long-term use, often referred to as Prescription or a Prescriptive right of way. The basis must be that the right has been used without secrecy, force or permission for a period of at least 20 years.8 Jan 2018
Can a right of way be removed?
A: If the extent of a right of way is properly defined, the owner of the land over which the right of way passes cannot alter its route or insist on its removal without the consent of the person who benefits from the right ie. the neighbour above, or some other provisions permitting them to do so.7 Dec 2015
Does a right of way transfer?
A right-of-way allows another individual to travel through your property. This benefits another person or another parcel of land you do not own. This grants access to anyone who may need to travel through your land.7 Jun 2017
What is the law on right of way?
Right of Way Law and Legal Definition. Right of way is a term subject to different meanings. In traffic laws, a driver is entitled to the “right of way” to priority to proceed ahead of other vehicles or pedestrians, depending on certain rules of the road, such as the first to reach an intersection.