PROPERTY RIGHTS

KEMYST

Hi I`m new to this so would be grateful for any help that anyone can give me. I am really trying to ward off an escalating dispute. The next door neighbour has a right of way over our property - we do not dispute this - it has never been a problem. The previous next door occupants had a conservatory built where one wall is constructed directly on the boundary between the two houses.
There is a door in this wall that allows next door access to the right of way. We have or had no problem with this. We have been informed that next door intend to tear down the conservatory and build a new one. We have no problem with this - even though it will render our patio unusable for three weeks because the builders will require access to next door`s garden.
The point of contention is the door. Previously the boundary door swung inwards and there was no problem but the new neighbours want the door on the new conservatory to open outwards. The door, when fully open  will encroach about three feet inside my patio. I think that their rationale is, that since they have a right of way, they can have the door swing either way. My point is that since I do not intend to impede their access to the right of way the issue of the door is simple encroachment on my property. Any help? 

pphillips

I think you are correct in your belief that a right of way is a right of access for people and your neighbours are mistaken in believing that this right extends to their door. I cannot see any reason why, instead of being a trespass on your land, a door should get the same rights as your neighbours.

bris

Right of way means they can walk through it, it doesn't mean they can build on it, this may be an improper use of the ROW as the open doors are part of the building and if they're left open they are encroaching your property.

It one for your councils building control though so that's where you need to focus your attention.
 

Aylesbury_Duck

I agree with other posters.  If you wanted to, for example, presumably you could erect a decorative fence on your side of the boundary which would prevent their door opening at all!  As long as you maintained the right of way that was intended when that ROW was implemented, of course.  

Jenni_D

You may wish to ask a board guide to move this to the House Buying, Renting & Selling board; the folks there seem well-versed in such matters.

the_lunatic_is_in_my_head

I can't see a door being any different to a gate really, above probably get better advice on House Buying Board and if you may post a screenshot of the deeds detailing the right of way. 

Soot2006

If you had a gate at their ROW (that they could open inwards into your property) that would be your right, since it's your land and you're not obstructing their ROW ... and yet they could then not have a door that opens into a gate. So by having a door opening onto your land, the door is essentially trespassing and also preventing you from using your land to your full enjoyment  since you wouldn't be able to install the gate you want ...