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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 8281
Experience:  Dual qualified Solicitor and Attorney
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Can a private right of way through a property to access

Customer Question

Can a private right of way through a property to access another property be unilaterally moved slightly if the owner of the property that the RoW is on wishes to better develop the space ?
JA: Where is this? It matters because laws vary by location.
Customer: UK - Northern Ireland
JA: What steps have been taken so far?
Customer: None
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: A RoW for any and all purposes via a property. The owner of the other property has erected a gate and fence which defines the RoW width - less than on the deeds. Because of this I have utilised the remaining space which he says is impeding the Row (it isn't especially since he has defined it). Ideally however the RoW could be moved a few feet over to allow me better space utilisation.
Submitted: 10 days ago.
Category: Property Law
Expert:  Virtual-mod replied 10 days ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  TetyanaP-admin replied 9 days ago.
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Expert:  Jeremy Aldermartin replied 9 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Expert:  Jeremy Aldermartin replied 9 days ago.

So the route of the RoW is specified on the deeds?

Expert:  Jeremy Aldermartin replied 7 days ago.

A right of way is normally enjoyed along a specific route over someone's land. Sometimes the route of a right of way can be inconvenient to the owner of the land over which the right is enjoyed (particularly if the landowner wishes to develop the land), however, a recent case confirmed that a landowner has no right to re-route a right of way (unless the terms of the right of way expressly allow this). I trust this assists

Expert:  Jeremy Aldermartin replied 7 days ago.

Let me know if you have follow up queries