Variation Of Right Of Way

[javea02]

We extended our terraced cottage as neighbour on left filled in a deed of extinguishment. The neighbour to the right was extremly unpleasant, continually objecting and causing delays and extra costs. He would not consider a variation of the right of way (in deeds since 1927) so we took a big chunk out of our build to be able to access the path. He now says he has the right to develop his property and can move the right of way without our permission. He has a 3m extension bordering the right of way and wants to build out another 1.5 metres. He plans show a metre wide strip by the side of his new building for us to access our gate, but it would mean a U turn at the gate. We cannot do this with bikes, wheelbarrow or father’s wheelchair. His architect says we could ask him if we can move the gate further up the garden.....leaving us with a mis-shaped extension now not needed! We have a lawyer looking at this but can he demand a variation due to his right to develop? His is a small dwelling of, originally 54metre squared, but with an added 3m extension and a porch built in 2011.

[EDDIE51]

Impossible to answer on here.This needs specialist property law lawyers !

[TonyV]

Best people to see are people at your local planning office, do you want to object, or is build size within permitted development?