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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7620
Experience:  UK solicitor holding an England and Wales practising Certificate.
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OUr neighbour has applied for a legal right of way down the

Resolved Question:

OUr neighbour has applied for a legal right of way down the side of her house on our property, we were planning to put a planter at the end of the path she currently uses, would that be illegal? She can still access her house and boundary wall, she would just have to walk around the planter. We were also hoping to lay pebbles on the concrete path which could be moved out of the way if she needs to use a step ladder, is it possible for us to do this? We really want to redo our front garden and it seems as though her application for the right of way may stop us doing this. Any advice? Thank you
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi,

On what basis is she claiming a right of way?

Are you defending her claim of a right of way?

What does she is the right of way for and would this be prevented by putting a planter down?

Kind regards,

Tom
Customer: replied 3 years ago.

Hi Tom,


 


Our neighbour is claiming the right of way as she has been using it since 1986.


 


We have never limited her access (we have lived here since 2003) so we are not objecting to her application.


 


She's claiming a right of way for a right of access on foot only to, and to place ladders and step ladders on that right of way.


 


Putting a planter at the end of the path would not limit her access to the path other than meaning that she has to walk around the planter, we are not trying to limit her access, just have our front garden the way we would like it!


 


Thank you


 


Rachel


 

Expert:  Thomas replied 3 years ago.
Hi Rachel


Thank you for your question and patience, I’m Tom and I’ll try to help you.

The best way to deal with this is to speak with her in a friendly and informal manner.

If it is the case that putting the planter there will mean that she still has legal access over some other part of her land OR you are will to give her an amended right of way over your land and around the planter then you should be okay. If agreed then I would execute a deed of easement with her drafted by a local solicitor to do this.

If the pebbles are of the type that it is reasonable to expect a person to walk on in exercising a right of way then you will be okay doing this.

However if the pebbles are of a type that a reasonable person would not walk on then you would not be allowed to do this because it would be denying her her legal easement (ie. the right of way).

As to the step ladders, if they can be moved out of the way with ease then again this should be fine but if it is difficult to move then then you would not be permitted to do this.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
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