Right of Access Gate

[DocWife]

Hi, I am putting up new fencing in my backyard (terrace home) and would like to move the right of access gates for both neighbours to further down the garden rather than next to the house - can I do this or can the council who I bought my home from make me change this or is it illegal to move them?

[des8]

Depends on the wording of the right of way easement, but generally the servient landowner (you) cannot vary the route without the agreement of the dominant estate (your neighbours)

[DocWife]

Thank you - presume that since my neighbours either side are housing association (rented) I would need to obtain from the associated not the neighbours?

[des8]

It is not just a matter of obtaining consent from land owner and occupiers, but also informing Land Registry
See link https://www.gov.uk/government/public...e-register-ap1

[DocWife]

Ok thank you for all the help. We’ve decided to leave the right of access in the same location but will change the gate itself.