right of access - construction of new entrance

Hi there, I need information about right of way to property. My neighbour has access rights across my land to reach their home which passes directly in front of our front door. We wish to construct a new driveway from the main road on a different part of our property, effectively maintaining the access our neighbour has but moving the entrance to the other side of a field (approx. 20 metres away). We will pay all the costs involved in constructing the new entrance. They will still have full access to their property only by a different entrance that will not pass directly in front of our kitchen window. Do we need to have their permission or is there any way of constructing the new driveway without them being in agreement? My mother offered to do the same thing ten years ago and they refused, the house is now in my name. Thanks

When it comes to things like this, the best option is always to discuss and negotiate with the neighbour before you start looking into the legalities etc. I presume there is something in writing with regard to the access they have.

Yes the right of way of the neighbour is detailed in my registry of ownership. The land was originally belonging to one family and access put into writing when the property was divided up. I just wanted to find out where I stand before I approach them, does right of way imply that I only have to provide them access to their house or does it have to be across the original entrance road? If I were to sell the house in a couple of years time it would be a lot less complicated if their access did not pass by the front door of our house.

"I just wanted to find out where I stand before I approach them, does right of way imply that I only have to provide them access to their house or does it have to be across the original entrance road?"

Right of way of over the original road.

If you want to grant them access another way then a new right of way would have to be issued and old right of way extinguished.

I doubt you can change right of way access without their consent.

If they agree you'll probably have to cover their solicitor's costs as well as your own.

Your best course of action is to talk to them.

Of course ... they well may ask for payment to accommodate you ..... they may ask for a couple of thousand or ten .... or whatever ... depending on how desperate you want to change things around.

Thanks Paddybloggit. Sounds messy and expensive. What would the situation be if I were to sell a portion of the land? If I were selling a site which is at the main road would that be grounds to get permission to build another entrance? By selling that land I would be effectively cutting off access to both my house and my neighbour's and be obliged to construct another entrance to maintain their access.

tullyross said:

By selling that land I would be effectively cutting off access to both my house and my neighbour's and be obliged to construct another entrance to maintain their access.

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With the right of way in place you can't legally do that.

So no way around it then really?? Any other suggestions? Basically I want to make it easier to sell the house in the future. I can imagine most people wouldn't be interested in buying a country house that has cars passing by the kitchen window all day.

Eh, can I just ask a really obvious question?

Did you buy/inherit the property with the problem? Did you not investigate it at the time? How did the neighbours acquire the right of way?

You simply cannot unilaterally terminate their right of way without their agreement. End of.

mf

Inherited property not too long ago. Neighbours are relatives of previous owners of my house. As I said my mother offered to construct a new entrance for them but they are being stubborn as they obviously feel the land is their birthright and don't want to make it possible for us to ever sell (it seems)