Can Neighbours block right of way?
If your right of way is blocked, you can use a reasonable alternative path, as long as you don’t enter onto the land of a 3rd party. If you believe you are entitled to use a right of way which has been obstructed, you can take legal action against your neighbour provided the interference is substantial.
Can I remove a fence blocking my right of way?
This may be expressly shown on the property deeds as an “easement”.. With an easement your mother may insist your neighbour removes the fence obstructing her right of way. That access has been blocked for two years is likely to be irrelevant. Easements can also be abandoned.
What are the implications of living on a private road?
If you live on a private road, you will probably have to contribute to its maintenance. This is because the Local Authority is not responsible for the upkeep and maintenance of the road. They’re not responsible for it because it’s a private road’.
Do I need permission to put a gate in my fence?
You will need to apply for planning permission if you wish to erect or add to a fence, wall or gate if: The fence, wall or gate, or any other boundary involved, forms a boundary with a neighbouring listed building or its curtilage.
Can a right of way have a gate?
It is well-established that a gate can be erected across a right of way (Pettey v Parsons (1914)) and such a gate can even have a lock (Johnstone v Holdway (1963)); the question for the court is whether the gate amounts to a substantial interference with the convenient use of the right of way compared with the …
Is it legal to build a fence around an easement?
If there is a road, that’s what they should be using. While you are not allowed to block the easement, you are entitled to build a fence as long as there is a gate that is sufficient to allow easy ingress/egress through the easement. The gate can even be locked as long as you give them a key.
Do you need permission to take down a fence?
In a conservation area, you might need permission take down a fence, wall or gate. Find out more about conservation areas and when permission may be required.
Is it legal to block access to public land?
Because the Forest Service didn’t have a public easement on the road, it was legal for the landowner to lock a gate and block public access.
What happens if I abandon my boundary line fence?
Consider too that if you abandon the boundary line fence, your neighbor may eventually legally gain that thin strip of land through adverse possession after a substantial period of time. Neighbors and passersby often take sharp notice of fences. Local planning and permitting departments receive daily anonymous complaints about fences.
Can a private road be blocked by an easement?
For example, a private road on your land that was created by easement can’t be blocked off by you, because that would prevent the easement’s holder from using it. Easements must generally be used for their original purposes though their uses can be changed to suit reasonable development.
If there is a road, that’s what they should be using. While you are not allowed to block the easement, you are entitled to build a fence as long as there is a gate that is sufficient to allow easy ingress/egress through the easement. The gate can even be locked as long as you give them a key.
Can a neighbor block access to my property?
If so, get it in writing (a contract and an easement that be recorded and “runs with the land”). A lawyer can definitely help seal this kind of deal so it’s enforceable. You probably have a prescriptive easement in that road; however, erecting the fence was not the thing for the “neighbor” to do. There are other ways.
Consider too that if you abandon the boundary line fence, your neighbor may eventually legally gain that thin strip of land through adverse possession after a substantial period of time. Neighbors and passersby often take sharp notice of fences. Local planning and permitting departments receive daily anonymous complaints about fences.