Q&As

Can a new gate be opened in a different position onto an existing right of way?

read titleRead full title
Produced in partnership with Elizabeth England
Published on LexisPSL on 23/06/2016

The following Property Q&A produced in partnership with Elizabeth England provides comprehensive and up to date legal information covering:

  • Can a new gate be opened in a different position onto an existing right of way?
  • What is a right of way?
  • Can a new gate be opened in a different position on to an existing right of way?
  • Possible blocking of the right of way

Can a new gate be opened in a different position onto an existing right of way?

What is a right of way?

A right of way is an easement whereby the owner of the land allows another person (who does not own the land) a right to pass over it. That person does so without needing any further permission and is not a trespasser.

The land over which the right of way exists is called ‘servient land’. Servient land serves what is known as a ‘dominant tenement’ which is land that can be accessed via the right of way—see Practice Note: Easements—nature and characteristics.

If it is a public right of way, then all people will be entitled, as of right, to utilise the land.

If the right of way is limited then not everyone will have the

Related documents:

Popular documents