Right of way

[alan c]

The deeds to my property state that my next door neighbour has a right of way over my garden, but the location of the right of way is not defined. However, there is a gate and path that has been there for some years. I would like to move the gate to the end of my garden instead. Do I need the neighbours permission, or can I just move the gate, provided that I still give them access?

[ianess]

Are you sure he has a legal right of way and not just specified limited right of access? Check your title deeds carefully. We have a similar situation where our next-door HOUSEHOLDER has access rights but not his family and /or friends....your situation may be similar. Good luck.

[alan c]

The deeds definitely state that he has a right of way over my garden.

[Lindy Loo]

How old is the property? Only ask as we have the same here. My property is a 1890's end of terrace and the next door neighbour has a 'right of way' across my garden, though rarely used. In my case it originally started as a 'Gentleman's agreement' when the house was built, allowing coal to be delivered and as a means of escape if needed. It was also marked on my neighbours deeds. Does your neighbour use his/her 'right'? Also it may be marked on his deeds. Have a chat with him/her, explaining what you'd like to do, and ask if they have any objections. I am sure this can be done ammicably especially if it isn't used. Hope you get it sorted ok.

[alan c]

The property was built in 1900-1910. They don't seem to use the right of way very much. Currently their garage is the width of their garden, so the right of way allows them to access the front of the garage. They use the area at the front of the garage as a general dumping ground for rubbish, including a car which doesn't move! The neighbours don't seem very amicable. I haven't spoken to them yet (I've only just bought the house), but I did try knocking on the door to have a chat with them and they were never in (or didn't answer!). I left them a note detailing what I'd like to do, but they haven't replied. Their house appears to be in a state of disrepair, so I can only guess what they are like.