Right of Way: What to Do in Case of Objections?

Questioner

We have a right of way via the neighbours' land. Now our new neighbours are objecting to this. They state that only my wife and I may use this right, but not our children, grandchildren and other visitors. They would enter through the back entrance in the garden that another street may be available. Can the neighbors demand this? I cannot find any exclusion about this in the deed in which this is described.

Lawyer

It depends on the wording in the deed. If it says 'an easement of way to go from and come to <address>', then anyone who wants to come to you may use the right of way.

Lawyer

An easement is an infringement of privacy for the servient estate. That is agreed, but the law requires you to use it in a 'least onerous manner' for your neighbours. A little leniency is required from both estates. And that may mean in practice that your neighbours as a servient estate, may not have to tolerate that 'Tom and pop' use the right of way, certainly if there is also another access to your home. I reserve my right to be cautious, because it depends entirely on the circumstances and the deed, as Mr Van Binsbergen rightly notes. I advise you to discuss this with your neighbours, to see if you can make normal use of your right of way, without causing too much inconvenience to your neighbours. Just have a cup of coffee and see how you can solve this together. There may be solutions that you haven't thought of yet.