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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 285
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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I own an end of terrace Victorian house with a Right of Way

Resolved Question:

I own an end of terrace Victorian house with a Right of Way going through the back garden which our neighbour uses mostly to take out his bins.
There is another right of way down the side of our house that is owned by one of two bungalows behind the terraces I live in. The two bungalows and I have shared use of this ROW for vehicles and by walking and we drive down it every day to park our car in our back garden.
My back garden currently doesn't have a fence but I would like to install a fence with 2 gates to give us a private back garden but also still allow access for our neighbour and also our car.
I have 2 questions. The first is are we allowed to install a gate over the ROW if there hasn't been one there for several years (I assume - we only moved in a year and a half ago)? It won't be locked but will be on a spring closure as we are intending on getting a dog and possibly having children soon.
The 2nd question is - the gates we would like to install will open outwards onto the vehicular ROW as there is not enough space to open them inwards and then close them when the car is in there - the garden is quite small- but we only intend to open them whilst putting the car in there and immediately closing them so they don't block the route for any time longer than necessary. Currently there is an asbestos garage there which we would like to remove - it's doors open onto the right of way but not quite as far as it is slightly set back from the ROW. Are we allowed to have the gates opening outwards onto land that we don't own but have a right to use?
We have no intention of blocking any of the ROWs but want to check that we can do what we are planning so we can have a more private garden (currently it is completely open to the vehicular ROW.)
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

1. You can install a gate provided that it is not locked. Or if it is locked that all persons with the benefit of the right of access have a key.

2. You can argue that the garage has set a precedent with outward opening door.

Expert:  propertylawyer replied 1 year ago.

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Customer: replied 1 year ago.
thank you - that is very helpful. Many thanks