Right of Access

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Chrisgarden
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Joined: Wed May 15, 2019 7:58 am

Right of Access

Post by Chrisgarden » Wed May 15, 2019 2:49 pm

I wonder if anyone can offer me advice. I live in an end of terrace house. Two neighbours have right of access through my garden from theirs to access the street to put out wheelie bins etc. The gate accessing our garden is a low metal farm style gate that does not lock. We have had a few violent burglaries recently so I want to replace this gate with a more secure lockable gate. I will provide a key to each neighbour. One neighbour uses this access instead of using his front door, so he is back and forth. I would like the new gate to be opened from only inside my garden. Can this be regarded by my neighbour as preventing right of access, as they still have access from my garden.
As a side issue the Deeds say right of access is granted on condition payment towards the upkeep of the access area. We have been at the house 6years and as far as I’m aware payment for upkeep was not negotiated or paid to the previous owner. I’m not worried about payment but would like them to have access to my garden from the neighbours garden only and not from the street area if at all possible.

Regards Chris

Collaborate
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Re: Right of Access

Post by Collaborate » Wed May 15, 2019 3:14 pm

It would be a highly unusual ROW to be one way only. If you're confident it is only one way, please post precisely what it says.

Assuming it is the usual "both ways" ROW there is nothing you can do. Putting a lock on it would likely be regarded as substantial interference by a court. One of those 4-digit keypad entry locks might find favour with the neighbours. Would have to be at your cost though, as you're the one trying to limit access.

mr sheen
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Re: Right of Access

Post by mr sheen » Wed May 15, 2019 4:42 pm

In most cases, It is the neighbouring property that has the rights across your land, not the neighbours themselves. Therefore anyone legitimately crossing your land to access the property which benefits from rights of access across your land has to be able to exercise these rights; not just the people living there. Therefore putting any lock on a gate may result in complaints of a substantial interference of the rights of access to a neighbouring property and a court case against you. Whether they actually complain or pursue the matter is anyone's guess.

Also these rights of access are 24/7 unrestricted so the neighbour is entirely within his rights to use the access as his regular means of access, if he so wishes.

The access route may be defined in the deeds. If not, then the routes that have been used 'as of right' for many years will have become routes over which rights have been acquired.

Chrisgarden
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Re: Right of Access

Post by Chrisgarden » Wed May 15, 2019 6:04 pm

Thank you both for your replies. I am not confident about the access being one way or both. I think we will need to just accept the situation. We have a large garden so we can have privacy away from their access to our garden.

Thanks chris

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