Right of access

[Nicvicjo1]

Hi I'm new to this forum but would like some advice. I live in a row of 3 terraced houses where there is an access path running accross the far end of our back yards.
Both sides of the fence is in need of replacing and as neighbours we have agreed to share the cost. However, i have suggested that it may look better when we build the fence to hange the gate position and have the access path to run in front of the house instead of the far end so we can make more of a seated area. The neighbours to my left have just bought their house and are in full agreement. However the neighbours ti my right (who rent) disagree as he said he needs to get his motorbike in and out. To note he has only used it 3 times in theist year. I don't want to to be difficult but feel because I have bought my house I should be allowed to move the gate if I want as im not denying him right of way. We have even said we would put in double width gates for his convenience. Could I ask your thoughts please.

[atticus]

You cannot change an existing right of way without agreement of all parties concerned. Any such agreement should be recorded in a deed showing that the previous right of way has been varied.

You need to seek agreement from the owner of the property, not their tenant.

[PallasAthena]

I believe rights of way like that are not unusual.

Friends of mine bought an end-terrace house which has a right of way from the street up their driveway then along the back of all the houses. Originally put there when the houses were built in the 1920s to allow access for taking their bins out and to allow the coalman to deliver coal apparently but not used for either purpose today.

Their solicitor advised them that the right of way could only be extinguished or moved if all the owners who benefitted from it agreed. My friends offered to pay the neighbours to extinguish the right of way but one refused. Even though the neighbours never use it.

So in theory neighbours can walk through their garden. But it never actually happens. The neighbour who wouldn't sell has put up a new garden fence but not put a gate into it. So they could only exercise their right by climbing over their 2 metre high wooden fence!

I take your point about "because I have bought my house I should be allowed to move the gate if I want" but your solicitor should have made you aware of the right of way and its consequences before you bought the house.

[atticus]

So in theory neighbours can walk through their garden. But it never actually happens. The neighbour who wouldn't sell has put up a new garden fence but not put a gate into it. So they could only exercise their right by climbing over their 2 metre wooden fence!.

PallasAthena Your friends should take advice on whether this can be used to their advantage. In due course the neighbours might be deemed to have abandoned the right of way - possibly it can be extinguished.

[PallasAthena]

Thanks atticus

I'll mention it next time I see them although I think their solicitor when they bought did advise them something about that.