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It is well established that for a gate to be an obstruction to a private right of way it must substantially interfere with the right of way.The installation of an electronic gate that is operate by a fob or code is often but not always a substantial interference with a right of way.

A: Firstly you should establish whether there is any legal right of way to the property.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.

A Any substantial interference with a right of way is a nuisance in common law. The owner of the right (known as the dominant owner) can apply to court for an injunction and damages if the landowner (or servient owner) blocks it.

An easement, right of way or profit can be expressly released by deed. Once this has been done then it is extinguished and cannot be revived. An easement, right of way or profit can be sometimes impliedly released by the owner's actions or in rare cases by the owner's inaction.

Can an easement or right-of-way be removed from the title? Yes. An easement or right-of-way may be removed with the consent of the holder of the agreement or by judge's order. An argument for removal must be based upon proof that the easement or right-of-way is no longer needed.

In legal terms, the "easement" is the right to use the property, while the "right of way" is the portion of your property affected by the easement. Right-of-way easements are typically written into the deed of a property, meaning all future owners of the land are bound by them.

In the most general sense, right of way means who has the legal right to go first on the road. If you or another driver fails to yield the right of way, you risk colliding with each other, cyclists, or pedestrians.

Right of Way

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Can I put a gate across a right of way?

Can a Neighbour block a right of way?

Can you block a right of way?

Can a right of access be removed?

How do you get rid of a right of way?

Who owns right of ways?

What is the best way to describe right of way?

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