We have a right of way through our neighbours garden which is for our use and visitors. It is on our deeds and we have proved that to the neighbours. They have written to us stating that they are going to put a lock on it and provide us with a key(singular). Can they do this? They refer to case law in similar situations and state this is acceptable. We do not wish to have to use a key when 18 months ago they fitted a door type gate in place of the previous small swing gate. It is cumbersome already to open and the handle is out of reach of small children. A key would exacerbate this when putting bins out and make life difficult for our 11 year old who uses this to avoid the main road at the front of the terrace. Your advices would be appreciated - are we within our legal rights to remove the lock without causing damage as this is a course of action that they are taking unilaterally, knowing we disagree. They are fairly new owners and were fully aware of the situation before they purchased the property and even though we relented and allowed the door style gate, we really don't want a lock and cannot see that this will strengthen any security issues they already have.
Province/Country relating to question : Hampshire, uk
We have written to them to tell them we are not happy with the change. We proved our right of way to them before they purchased the property and they still went ahead and have been aggressive ever since.
Good day, I always strive to reply in the shortest possible time,I may be delayed answering other questions, attending a meeting or in court.No they are not right to interfere with the access way in any way. You should resist this and there is no difficulty in you removing the lock provided you cause no damage to the property. The right of way is clearly of long standing and should not be interfered with in this way. You should stand your groundPlease remember to only rate my answer when you are fully satisfied. If you feel the need to click either "Helped a little" or "I expected more" please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue further and do everything I can to provide you with the service that you seek.Best wishes FE
Good evening,Can I ask why you have given me a negative rating? FE
Apologies, I thought you had received my response. I am aware they cannotchallenge our right to exercise our ROW, however, it is the issueof them fitting a key that I would like a legal answer to. Having done someResearch on the Internet sites such as Coleman CTTS state a key isA reasonable solution. I have read of Gales is this something we can quote. Constantly the neighbours are giving us ultimatums which requireOur time, effort and money to respond to. Basically is there a law statingWe are within our legal rights to remove the lock, as I fear if we do they Will call have no hesitation in calling the police which is an unpleasant Situation and yet again time consuming. They have verbally threatenedTo take us to a land tribunal. For many months our side fence was down whichWas their responsibility to replace, however, they took several monthsTo do this, so security cannot be the issue, in fact they compromised ours. CanThey use their security as a reason when there is a door style gate withA twisting door handle already in place?
Good evening,First of all there is no question of the police being involved as this is a civil matter. They can only become involved if there is a criminal act such as a breach of the peace or criminal damage. Secondly this does not involve the lands tribunal. If any court proceedings were taken this would be in the County Court for damages and an injunction. If this happens then you will be involved in Court costs. It is a case of calling their bluff. I still believe that you are within your rights by exercising your right of way and enforcing this right to ensure that the gate is open or capable of being opened at all times. You have already made your feelings clear to them in writing and if this is what you want to do then you should stick to it. I fear that if they did take it to Court which is unlikely as the expense would be prohibitive but they may succeed on reasonable grounds. I repeat that I believe it is unlikely and would save everybody a lot of time and money and expense. If you wish to be forceful in the issue then you should have a solicitor write to them on your behalf setting out your position.Please remember to only rate my answer when you are fully satisfied. If you feel the need to click either "Helped a little" or "I expected more" please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue further and do everything I can to provide you with the service that you seek.Best wishes FE
30 years General Practice. All aspects of Property Law
Hi,I do hope my answer has proved to be of benefit to you. If you should require my advice in the future please do not hesitate to me starting your question with FOR THE ATTENTION OF FE SMITH.
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