[Ruling on relocating a public or private road]

Answer—and by Allah is success: What appears to me—and Allah knows best—is a detailed ruling: It is permissible for the landowner to move the road from one side of his land to the other on two conditions:
1. That moving it from one side to the other does not harm the holder of the right of way.
2. That the existing road causes harm to the landowner—for example, it passes by his doorway and he fears his children being struck (by traffic), or the road exposes the private areas of his home. With such harms, it is permissible for the landowner to move the road to another side of his land.
— If moving the road harms the holder of the right of way, it is not permissible for him to move it. Likewise, if there is no harm upon the landowner from the road remaining where it is on his land, it is not permissible for him to move it.
— If the landowner is harmed by the road, and the holder of the right of way would be harmed by its relocation to another place, then the two harms are weighed: which is greater? If the landowner’s harm in its remaining is greater, the harm to the holder of the right of way is not considered; and if the harm to the holder of the right is greater, the landowner’s harm is not considered.
— This may be supported by two points:
1. The ḥadīth: “No harm and no reciprocating harm in Islam,” whose general wording indicates the obligation to remove the harm of the road from the landowner.
2. If moving the road entails no harm upon the holder of the right of way, then there is no cause to object to the relocation, because none of his right has been lost.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2