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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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i have right of way at the rear of my house. wnen renovating

Customer Question

i have right of way at the rear of my house. wnen renovating i built a wall and small gate opening at the entrance to my right of way. does this mean i have relinquished my right of way. my next door neibour parks cars and blocks my entry with garden rubbish ect. have had words but to no avale. he is now doing his property up and is adding a gate across the entry to his garden which will block my entry completly. he is also building a huge garage which he will use for stock car maitnce and selling of cars he has not applied for planning as he says as it is not fixed to any existing building he does not need it. Do i need to remove my wall to protect my right of way. this will cause expense and make my garden unsafe for my dogs. XXXXX XXXXXson
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer : Hello. Does the gate you installed enable access to the right of way? Do you know how the right of way arose - was it granted for the benefit of your property when it was fist built?
JACUSTOMER-8yw3oxws- :

yes is does but is pedestrian gate not car. i can not answere the other 2 questions. However threre is 4 cottages that have this right of waybut i am on the end. so i assume it has always been there. i can find out this information if i know were to look. chris

wingrovebuyer : You hold check your deeds for specific reference to the right of way, but we can continue on the assumption you do have a legal right as it is highly likely.
wingrovebuyer : By erecting a wall with a gate in, I would say you have not abandoned your right of access because you clearly use it for access. The access right was probably on foot anyway, at least in
wingrovebuyer : Part.
wingrovebuyer : Accordingly, any blockage to that right is an unlawful interference with the easement (ie the right of way).
wingrovebuyer : I suggest that if the neighbour is ignoring your approaches, you write to him saying he is unlawfully interfering wi your easement and if he doesn't desist then you will have no choice but to instruct your solicitors to enforce your rights. That may escalate matters, but you really have little other choice.
wingrovebuyer : With regard to the garage, the building may be permitted development (ie no planning permission is required) but that is unlikely if it is huge. The fact it isn't attached to his house is neither here nor there. If he will be selling cars from it, that sounds like a change of use in planning terms, so that a
wingrovebuyer : Alone would require planning permission.
wingrovebuyer : I suggest you contact the local council planning department to get them to come out to inspect the site. They can the. Take enforcement action if required.
wingrovebuyer : Hello?
JACUSTOMER-8yw3oxws- :

i have recently found out that the block of houses was a farm building and barn conversion. The right of way was changed in the 60's when a new house was built to the left of me. The deeds are very unspecific and the drawing even more so. can you clarify, do I loose my right of way from car to pedestrian with the erection of the wall. They have erected a gate across my right of way which runs on a track. they in formed me that it will easily slide to allow me access. Is this legal. ?

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