Right of easement question

alarge

Our neighbours have a right of easement over our property to access their front door.

Currently to access both our properties there is a couple of steps. We are looking to put in a driveway down the side of our property that will mean we have to remove the steps and make a gradient up to the path before it forks off on to their land. It wouldn't be a steep one about 10:1 ratio.

We wouldn't be parking on the right of way or block its access at all, its just the steps just about interfere with putting in a driveway to the side of our property.

My question is would we need to get planning or solicitors involved? We have only just moved in and the neighbours seem nice, but I am aware they may not like change. We obviously will be talking to them and explaining that we are fully aware of their rights and are not blocking them.

The title deeds mention they have right of way from time to time, day or night, without vehicles along part of existing footpath the approximate position of which shown coloured blue on said plan.

Nothing seems to stipulate how the footpath is constructed etc so I think its probably more an issue with talking to the neighbours and explaining why / what we want to do.

Norman_Castle

Talk to them to see if there is a reason this would not work for them. If they have access via a usable slope rather than steps then that would comply with the easement.

Davesnave

You may well need planning permission to put in a drive, and depending on circumstances, you may need council consent for a dropped kerb too.

Be aware also that there are now rules regarding new impermeable surfaces in front gardens.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/7728/pavingfrontgardens.pdf

alarge

Thanks for your replies. We have spoken with the planning department and they said over the phone that if its a permeable surface or there is a suitable drainage e.g. soak away put in then planning permission is not required.

I had already looked on the planning portal website and was pretty sure that it would be OK as we plan to create a soak away and use block paving with aco drainage.

There is no pavement, but we will be cutting out part of the front hedge / embankment to create the space so have got our local highways department coming out to give advice. This is what the planning department said we would have to do so I am fairly happy we are doing all the right things.

I'm just paranoid about upsetting neighbours etc as I have seen how sour things can get. At the end of the day it's all about communicating with them. Any advice on the best way to put it to them?

Thanks

stator

As long as the deeds aren't specific about the route then any adequate pathway should do.

Davesnave

Invite them round. Tea and cake. Show plans. Invite input. Try to accommodate ideas they have, if possible.

cyclonebri1

alarge wrote: »

Our neighbours have a right of easement over our property to access their front door.

Currently to access both our properties there is a couple of steps. We are looking to put in a driveway down the side of our property that will mean we have to remove the steps and make a gradient up to the path before it forks off on to their land. It wouldn't be a steep one about 10:1 ratio.

We wouldn't be parking on the right of way or block its access at all, its just the steps just about interfere with putting in a driveway to the side of our property.

My question is would we need to get planning or solicitors involved? We have only just moved in and the neighbours seem nice, but I am aware they may not like change. We obviously will be talking to them and explaining that we are fully aware of their rights and are not blocking them.

The title deeds mention they have right of way from time to time, day or night, without vehicles along part of existing footpath the approximate position of which shown coloured blue on said plan.

Nothing seems to stipulate how the footpath is constructed etc so I think its probably more an issue with talking to the neighbours and explaining why / what we want to do.

I think you will/would need your solicitor to fix this now for the sake of peace of mind in later years