right of way becoming permanent access

[zaphod66]

At the moment, there is the garden flat (which we are hoping to buy) with a path to private entrance at the side of the building and around through the private garden to the kitchen entrance. This path has a right of way clause in the lease (see below) so that there is access to the fire escape for the flat above.

'A right of way on foot only over and along the pathway and porch coloured brown on the said plan'

The problem arises that the landlord who owns the upstairs flats, has made it known that he wants to convert his flat into 2 studio flats and change the fire escape exit into a permanent entrance, therefore, using the pathway through our private garden and past our kitchen door on a permanent basis.

I also have a 2yr old and another on the way, so I am afraid if it is used as permanent access, that they might forget to shut the gate and allow my daughter to run into the road.

[Twenty20]

If there's a right of way, I'm afraid then that is what it is. It's not specific to a fire escape. I would assume they would need planning permission to convert so that would be your chance to object if and when it happened. If youre not happy with the right of way then don't buy the property.

[buildersmate]

Note that this is a private right of way for the owner of that flat only.
It may be possible to put a gate on it and provide them with a key. There's still nothing to prevent them forgetting to shut it or lock it.

[Twenty20]

No, if it's a right of way its exactly that, it cant be specific to certain people. You cant allocate a right of way to owners only - what about other people staying in the flat, visitors etc? Also, youre not actually allowed to block a right of way i.e. you cant put a locked gate on the path because you'd have to give all and sundry a key which obviously isnt practical.

Be careful about buying a property with a right of way and think carefully about how it might affect you in the future and not just right now.