Right of Way across Driveway

[kentmum]

We moved to our new property 2 years ago.

Our driveway has a right of way by our neighbour for pedestrian and vehicle access.

The neighbour used to live on our property before converting an outbuilding on the other side of the driveway.

She has left a large gap in the fence so she can drive into a small concreted area in her back garden - enough for one small car only.

This gap and her front door looks straight into our property so we have next to no privacy and wish to put in a gate (unlocked) that will block the gap and give us more privacy.

The fencing is our boundary so it would be for us to put in the gate but firstly, do we need her permission to do this (our property is listed) and if not and we go ahead, can she come back at us with anything.

Neighbour is a complete nightmare to deal with hence wanting to know if we can do it without her permission.

Many thanks

[atticus]

does the right of way pass through this gap?

[dslippy]

Did you not consider this when buying?
What grade listing is it?
What do the deeds say about the border/fence?

[kentmum]

does the right of way pass through this gap?

Yes it does pass through the gap

[kentmum]

Did you not consider this when buying?
What grade listing is it?
What do the deeds say about the border/fence?

Yes we did consider this when we bought the property but you cant tell how your neighbours are going to be until you move in.
It is Grade II listed
The deeds do not say anything about borders fence in relation to the gap
Thank you

[atticus]

If, as you say, your neighbour has a right of way through the gap, you may not obstruct the right of way.

Following your reply to dslippy in which you say "Yes we did consider this when we bought the property but you cant tell how your neighbours are going to be until you move in", all I can say is that you took the chance, and are now experiencing the consequences.