What to check before designing around a right of way
Steps to take if a right of way affects your site:
- Confirm the exact legal route and width of the right of way from the deeds or folio
- Establish who benefits from it and what it is used for
- Check whether your proposal would obstruct or narrow the route
- Discuss any proposed changes with the beneficiary and seek their written agreement
- Get legal advice before attempting to relocate or extinguish the right
- Raise the matter with the planning authority at pre-planning stage if relevant
Consequences of ignoring a right of way
Building over an active right of way without agreement can lead to enforcement issues if planning conditions are breached, and separately can result in civil litigation from the party whose access rights are affected, which may require removal of the offending structure.