Right of way help

[CherryVicky29]

Me and Dp have only recently bought our first home, there are certain private rights of way. A road to the front, a path to back which are both not issues.

However at the very bottom of everyone's garden (old terrace row) is a path that used to give access to a outside water closet. Some have been condemned and ours was knocked down over 20+ years ago. The previous owners of ours had a summer house put o. The land replacing the old building however have fenced the garden off, meaning when in the summer house all you view is the fence due to the path that runs in front.

Am I right in saying that if I want to move my fence to open garden into view of summer house that as long as I fit gates where the path lies on both sides I wouldn't be causing significant obstruction?

P.S the path is inside our title deed boundaries.

I'm struggling to understand fully, could you draw it?

You need to leave the right of way unobstructed so fence and gates are okay provided nothing is locked and access is available. If you move the fence will that not mean your neighbours will potentially have access to the rest of your garden?

@dancingqueen345 the path written in red is one in question and lines either side are my proposed gates.

@wowfudge only if they use the gate yes they would have full access but no concern as nobody uses the path anymore as shared water closets have gone

Ahhh okay, I get it now!

The 'legal' problem with your suggestion is that although you're not blocking the right of way, you are creating 2 new obstructions (the gates), and there is some quite recent case law about successive gates and then being determined as unreasonable.

Now in reality if that path is hardly used and you're unlikely to get any complaints from neighbours then I'd be tempted to go ahead, but be prepared to remove them in the future!

I presume you want the gates from security which is why you can't just remove the fence and not erect gates?

@dancingqueen345 yeah that's what I'm worried about, I'll make sure to get neighbours okay before I do it. Yeah the only reason we haven't opened it up is because I want the garden to have privacy and security.

Also have a house cat who has run of garden in evenings so stops him getting out.

I would suggest just checking with your neighbours and making it clear that there will be gates so they will still be able to get through if they need to. I doubt that they will mind.

I would have a proper chat with both neighbours. We had some friends who agreed with neighbours both sides that the right of way was reallt redundant and they would all be happy with fence. They put in those concrete post/sliding panel ones so panels could be taken out if needed