Q&As

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

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Produced in partnership with Elizabeth England of 42 Bedford Row
Published on LexisPSL on 23/06/2016

The following Property Q&A produced in partnership with Elizabeth England of 42 Bedford Row 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

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: Easem

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