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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Just trying to ascertain how wide a right of way needs to

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Just trying to ascertain how wide a right of way needs to be. We have to offer a right of way to our neighbours over our land, however we want to define clearly where the right of way lies, which is not currently the case, so we need to know how wide we need to make it

Hi,

Thanks for your enquiry. So that I can answer you fully, could you please explain a little more as to why you have to grant the right of way (ROW)?

Kind Regards

Al

Customer: replied 1 month ago.
It's a ROW that's been in place for around 30 years. It's fairly benign, and allows our immediate neighbour and their neighbour next door but one to us to pass across the frontage of our property between our property and the public road. It was originally needed as the public road was at that time a main trunk road, and when a property was split into 3 renovated houses, the councils would only allow the existing, common access to the road, hence the need for them to pass across our frontage, and all of us to access the common entrance

Hi,

Thanks for your reply.

If the ROW is already in place, I would have thought it would be apparent how wide it is. So, whatever extent of land/width your 2 neighbours have been using over the years would normally be used when granting them a formal ROW.

However, the width of a vehicular ROW can be just over 1 car width's length or 2 car width's length- it entirely depends on the parties requirements and whether there is indeed enough space to make it 2 car width's length.

Whichever width you decide, it is always best to document the dimensions by way of a fully scaled plan, so there can be no argument at a later date as to the extent of the ROW.

Does this assist?

Kind Regards

Al

Customer: replied 1 month ago.
Not really. The path taken across the frontage has been fluid, depending on how we have configured said frontage. The only vehicles ever to use the ROW have been cars and delivery vans. We now have a need to delimit the right of way in a way that our neighbours can't find cause to complain about. So, based on prior usage, are we OK to delimit the right of way to allow reasonable passage for a delivery van ?

Hi,

A ROW only needs to be wide enough to enable your neighbours to be able to exercise and use it. So, provided the ROW is wide enough for one car or a delivery van, your neighbours would have no grounds for complaint, as they would have an adequate ROW.

Kind Regards

Al

Customer: replied 1 month ago.
OK that's what we needed to know, thanks

Thanks.

If I have helped, I would be grateful if you could rate my answer in the top right hand corner of your screen.

Thanks.

Kind Regards

Al

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