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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10737
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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we have a driveway across our neighbours land with a right

Customer Question

we have a driveway across our neighbours land with a right of way granted for its use.
Our neighbour now wants to move the right of way and install a gate on it (possibly electric operation).
The proposed route will make access more difficult for delivery of oil etc.
Does he need a deed of variation to alter the right of way?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is Al and am happy to assist you with your enquiry.

If your neighbour wishes to divert or change the route of your right of way over his land, he would need your consent!
You are indeed correct in that if you were to consent, a Deed of Release and Re-grant Deed would need to be entered into between you both. If either or both of you have Mortgages, the respective Bank/B Society would also need to consent, and be party to the Deed.

You are therefore free to refuse to consent to his proposals if this would inconvenience you.

I hope this assists and answers your question.

Please let me know if you require any further clarification.

Kind Regards
Expert:  Aston Lawyer replied 3 years ago.

Can I be of any more assistance to you?

Kind Regards