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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22591
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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We have full right and liberty for service vehicles to pass

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we have full right and liberty for service vehicles to pass and repass along a private road connecting to our property. The owner has recently locked a gate at the boundary of the land with instructions on the gate to ring a mobile numberfor someone to come and open the gate. Is this blocking our full right and liberty. We are also concerned that this road is the only way in to our property for the ambulance and other emergency services
JA: What state is this in? And how old is the car?
Customer: the road service is well maintained. I don't understand the question about the car I did not mention a car.
JA: What action has been taken so far? What's your ideal outcome?
Customer: There are a group of 10 houses involved and we are considering our options. Ideally we want the gate to be unlocked
JA: Anything else you want the lawyer to know before I connect you?
Customer: No

I think the reference to the car was an automated response. It didn’t come from me. I apologise.

This is indeed a substantial obstruction and if you went to court to get this removed, it is most unlikely that the court would not grant an order for the lock to be removed.

If there are 10 properties involved, get a solicitor to act for all 10 properties and it would spread the cost between all of you.

Unfortunately, if any of the properties do not contribute to any legal bill, they still get the benefit without having had the burden.

Certainly, for emergency services, they would not wait for the gate to be unlocked and it’s likely that the fire brigade would simply cut the lock off. Nonetheless, it is a substantial obstruction.

My suggestion would be to get a solicitor to write giving them 7 days to remove the lock failing which you will make an emergency application to court for an injunction to make them remove the lock and you will ask the court to award costs against them.

From the facts that you have told me, they would be stupid not to comply to the request from the solicitor.

Does that answer the question?

Can I answer any specific points arising from this?

Please don’t forget to use Star rating box at the top right hand corner of the page to rate my answer positively. If you don’t rate it positively, I don’t get credit for my time dealing with your problem.

However even after rating, the thread does remain open and if anything else need clarification, we can still exchange emails.

Kind regards.

Stuart.

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