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Width of Right of Way

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  • Width of Right of Way

    OK our neighbour has a right of way over our 7ft wide patio (yes, it is that small) Our patio is in the shape of an inverted `L`. The deeds state that they have the right to pass `with or without vehicles`. We have lived in the house for 25years and it is impossible to transverse the ROW with anything bigger that a small motor bike. In fact, no vehicle as ever used the right of way since the neighbours have a door at the end of the ROW. There is no indication on the deeds regarding the width of the ROW - but we have never sought to impede its use and do not intend any impediment.

    Two years ago new neighbours moved in and and embarked on a Campaign of Privacy (which is, of course, their right) but it is at the detriment of everyone else. So far:

    (a) They have built a fence `tight` next to a 3ft retaining wall that now towers about 9ft above our patio....it is about 6ft on their side. I think that this is legal. Does this stress the wall and might compromise it in the future?
    (b) They intend to demolish the current conservatory and build a new one. They intend to install a door that opens out into our patio.
    (c) There is a boundary gate between the two properties. This is our gate and had been there for about 30 years. The old conservatory wall butts onto the gate. They informed us that they intend to remove the gate. We have objected to (b) and (c) (this was to Anglian) who informed the neighbours. Things have gone ominously quiet.

    What I need help with and would really appreciate is (i) If the door that accesses the ROW is say 90cm wide - would that be an acceptable width for the path along the ROW?
    (ii) If Anglian turn up when we are out and remove the gate and install an outward opening door who do have recourse to - Anglian or are they simply agents acting for the neighbours and the infringement is the responsibility of the neighbours?

    Any help would be appreciated.
    Tags: None

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