Changing a 'Right of Way'- Problem Neighbour

[leffeman101]

Hi, I am building an extension to my property and need to alter the right of way my neighbour has going across the rear of our property. I am end of terrace, so it just means extending the ROW by 4-5 metres to go around the extension, nothing major.

I don't speak to my neighbours as they fell out with us a few years ago. We have had a solicitor send a letter requesting the change of the ROW and included proposed alterations. They have not responded to two letters from the solicitor now, which includes the offer from us to pay legal fees up to a certain value and also fees associated with changing deeds. They have ignored the letters so far and not been in touch with the solicitor to say which solicitor they will be using.

My question is, if they continue to ignore the letters, can I just go ahead and build over the ROW, put in a temporary one as proposed and once the building is completed then complete the new ROW and change our own deeds to reflect the new ROW? We have been more than reasonable in offering to pay fees etc, but I feel if they ignore the letters then I should just carry on and if they choose to kick up about it, let them incur the cost of trying to take legal action against me, as surely a judge would think they have been unreasonable in their actions? Plus the ROW would still exist, so access hasn't been deprived at all.

Appreciate thoughts and comments,

Leffeman101

[seduraed]

Re: Changing a 'Right of Way'- Problem Neighbour

I would check with your local council , but i thinkthis mightbe covered under CROW 2000 (countryside and rights of wa act 2000 as amended) if there is any possibility tht this is a public ROW then you will need to get a diversion order issued by the local council. But i would speak to their rights of way officer they often also deal with waste and enviroment .

[Celestine]

Re: Changing a 'Right of Way'- Problem Neighbour

Has your solicitor advised on likely repercussions of non response from neighbours?

[antinurpants]

Re: Changing a 'Right of Way'- Problem Neighbour

i too am having problems with my neighbours well since i moved here in 2007, it all started when i put in a driveway as the parking here is just plane daft,eversince i have had my neighbours and there family and freinds parking on it driving across it,they even sent me a solicitors letter informing me that i was blocking there right of way,my solicitor sorted that out, bow they have errected a gate on the shared pathway, without asking, is there anything i can do about this, please help as i think i am loosing my mind