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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.
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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