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LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 822
Experience:  Experienced solicitor
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Our back gate opens onto a private road over which we have

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Our back gate opens onto a private road over which we have a pedestrian ROW. The house opposite the back gate owns the stretch of road in front of his house onto which our back gate exits. His, & our houses are the last houses in the road, a cul de sac with no passing traffic. The only car that can use the road in front of this house is his. We have just replaced the fence along this road facing his property. The gate, which used to open inwards on our property, is to be renewed & because of the way the fence has been constructed the contractor has designed the gate to open outwards over the private road. The owner of the house opposite the back gate is objecting, saying it is an encroachment on his property, despite the fact that it is only used by the postman. Our right of way extends to 12 ft in depth from the boundary line. The gate is only 29 inches wide. Is the owner within his rights to make us change the gate opening to inwards?

Hello I am a solicitor with 20 years experience. I will try to help you with this.
Hos is your right of way described in the deeds/title register.
If it is simply a straight forward right to pass over the land by foot then it seems to me that your neighbour is probably being entirely unreasonable in this. It is obvious that there must be a gate or an opening to access the ROW. Whether it opens in or out seems to me to be irrelevant as long at is closed most of the time.
Even if your neighbour were technically correct I doubt that there is any effective legal remedy he could pursue as as any court would consider the claim trivial and be reluctant to waste time and costs imposing an order on you to alter the gate.
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