Change Right of Way Point of Access

[TomMar]

My neighbour has the right to access their garden through the right of way lays in my garden. the deed statement regarding the right of way is "the right for the owners or occupiers of the adjoining property number xxx aforesaid their servants and agents to pass and repass on foot only over the pathway coloured blue on the said plan leading from the rear of the premises into the property aforesaid". I am going to carry out the rear extension, therefore, the access gate of the right of way has to be moved 4m forward towards the end of garden, same side of the fencing. My neighbor agrees with the position of the new gate. Do I need to update the deed and file the changes to land registry dept? If yes, what is the name of the task? I found the terms "deed variation" and "deed of release and grant", are they related? Thanks

[des8]

A right of way is varied by using a Deed of Variation. The person with the benefit of the right of way needs to agree and sign this deed.

Deed of release and grant releases an existing right of way and grants a new alternative right of way

It sounds as if the variation is the way forward for you and your neighbour

[TomMar]

Thank you for the advice.

[TomMar]

If the path of right of way still leading from the rear of the premises into the adjoining property, but in terms of walking distance it will be 3 meters longer, does it still require to process Deed of Variation?

[des8]

You are changing the access point, and possibly the route.
To avoid problems in the future the Land Registry details will need to be amended, and for this you will need the deed.

[TomMar]

Thank you for the clarification. I have tried to search the specialist to deal with the matter, but could only find conveyancing or right of way dispute specialist. Can you advise what kind of specialist I should search?

[des8]

I would anticipate that any solicitor dealing with conveyancing would be able to do this.

[TomMar]

Thank you, unfortunately, I have approached several conveyancing firm and was advised that this is not services they can provide. This is one of the reason I have to post my question here.

[des8]

These people might be able to help https://pmpl.co.uk/general/can-i-change-a-right-of-way/

This is not a recommendation. They were found following a quick Google search

If you are interested in DIY, section 4.3 in attached link gives details https://www.gov.uk/government/public...egistered-land
Note that the guide is aimed at professionals

It will not be a quick result as Land Registry have an enormous backlog (which might get worse if the government push ahead with reducing the size of the Civil Service!)

[Ukmicky]

As the route is detailed on your plan ,if the neighbour refuses to agree to the changes ,you will need to change your plans.