Neighbour wants us to redirect the easement / right of way on our property

[Maud100]

Hello, I am new to the forum. Please forgive any mistakes.

I have a query about a private right of way. I live in a row of five terraces. There is an easement at the back of the house (clearly marked on the deeds) that allows my neighbours (who are at the end of the row) to access the back of their property/garden.

Earlier this year this neighbour built an extension up to the boundary line (well about 15 cm from the line on their side). The wall of this extension now blocks the end of the easement. They had mentioned to in passing changing the access point, but nothing formal was agreed or intiated. Now the extension is up, I realise any change of access will mean putting a gate in the fence, where the extension ends, which is at least 4 metres beyond the original access point. This will be about a third of the way down my garden, and involve a diagonal path crossing my patio, lawn and disrupting the plants I have along my borders. It will also increase the length of the easement by at least 50%.

I have refused this request stating that it would really be a big loss of privacy and affect how I use my garden. My neighbour is now threatening legal action and while I am almost sure they have no recourse, I would be grateful for any input or advice. The original solictor I used when I bought the house believes they cannot 'force' me to agree to a change, but may push forward with a legal dispute, and this is worrying me because I'm not sure I have the funds to contest. Thank you!

[des8]

Re: Neighbour wants us to redirect the easement / right of way on our property

Hi and welcome.
I really can't understand what grounds your neighbours have for going to court.
They have a right of way across your land, the exit of which they have blocked.
They have to take the consequences of their own actions.

Does this affect any one else?

If they do issue court proceedings you may have Legal Expenses insurance with you household insurance, which could come to your aid.
If you have a mortgage, your lender may also help as any change to the easement is likely to devalue your property.

[Maud100]

Re: Neighbour wants us to redirect the easement / right of way on our property

Thank you for the reassuring reply. I've been thinking the same, but have no experience of this.

It would affect the other people in the row if the move of the easment was 'like for like', as in every access point was moved up to be in line with the end of their extension. I suspect though that they just expect me to put a gate further up the garden thus making a new diaganol path. They have not made an application to the Land Registry so I am only really going on what they have said to me in the street!

[2351dam]

Morning. Similar problem. I would like to move my neighbours right of way across my back garden just by about 3ft I am willing to put new panels and gate on each end. Do I need my neighbours permission to do this

[des8]

Morning. Similar problem. I would like to move my neighbours right of way across my back garden just by about 3ft I am willing to put new panels and gate on each end. Do I need my neighbours permission to do this

Quick answer is yes, but there is more to it than just getting agreement.

If you require more info, please start your own thread.