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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10808
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I own a property where two neighbours have a right of way

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Hi,
I own a property where two neighbours have a right of way over my driveway to gain access to their properties. The driveway currently runs along the west boundary of my property, which is furthest from both neighbours, resulting in them drive across the front of my house. I wish to move the driveway to run on the east boundary which is closest to the neighbours properties, meaning that only I will drive across the front of my house. My neighbours don’t want me to move the driveway, so my question is whether or not I can move it without their permission on the basis that:
1) I own it
2) the new drive is no worse than the existing
3) the new drive joins to the neighbours at the same point on the boundary where it does now
Any help would be really great.
Thank you.

Hi, I am afraid that unless both neighbours agree, you won't be able to change the route of their Right of way (ROW). This is because your neighbours have a legal right to use the existing driveway and you are not permitted to stop them from using it-if you do, they could take you to Court and the Court would order that you re-instate the existing driveway and allow your neighbours access over it.

As the ROW is over specific land, your kind offer of granting an alternative route would not legally stop you from being entitled to use the existing ROW. Sorry this is not the answer you were looking for.. If I have answered your question, I would be grateful if you could rate my answer.

Kind Regards Al

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