Next Door Locked Gate

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abzndemz
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Next Door Locked Gate

Post by abzndemz »

I live in a mid terrace house. I have a ROW to the house on the left to take my bins and such out. For over a year now i have put up with them locking the gate and leaving the key hanging on the inside of the gate. This meaning that i can go out but not in as i cant unlock it from the outside. I have tried to talk to them about it but they say that its their gate and if they want to lock it they can.
span
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Re: Next Door Locked Gate

Post by span »

And it's your right of way so you can insist that they don't.
mr sheen
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Re: Next Door Locked Gate

Post by mr sheen »

You do not have to lock the gate when you use it or replace the key in 'exactly' the same position :wink:
abzndemz
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Re: Next Door Locked Gate

Post by abzndemz »

The Key is on a chain on the inside of the gate? What can i do
mr sheen
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Re: Next Door Locked Gate

Post by mr sheen »

Speak to them again and try to settle the matter amicably. You could point out that-
you are within your rights to remove an obstruction to your free passing and repassing along your ROW and unless the gate is left unlocked you will unscrew the lock (taking care not to cause any damage) and return it to the owner citing the restriction it is placing on your use of the ROW by only being able to go one way and the prevention of its legitimate use by your disabled mother/father/ son/daughter/cousin etc.

If they don't do anything, you could point out the above in writing indicating that unless the lock is removed within 14 days, you will have no choice but to remove it and return it to them. Before removing it though make sure you have provided the neighbour, by recorded delivery, in writing that 1. you have a legitimate ROW - include copies of deeds etc, 2. the difficulties (describe them) the lock is causing you and your family in exercising your rights
so that if they try to involve the police you have evidence that you have a ROW and gave them notice of the problems and interference and the action you intended to take.
despair
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Re: Next Door Locked Gate

Post by despair »

If you have a legal ROW in your deeds then they cannot install a locked gate as it constitutes an obstruction to your legal ROW

If the lock only operates from one side you can remove it or you can prop the gate open

check very carefully all your mortgage /insurances/union memberships /credit cards for legal expenses cover and get them to sort the problem out
abzndemz
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Re: Next Door Locked Gate

Post by abzndemz »

mr sheen wrote:Speak to them again and try to settle the matter amicably. You could point out that-
you are within your rights to remove an obstruction to your free passing and repassing along your ROW and unless the gate is left unlocked you will unscrew the lock (taking care not to cause any damage) and return it to the owner citing the restriction it is placing on your use of the ROW by only being able to go one way and the prevention of its legitimate use by your disabled mother/father/ son/daughter/cousin etc.

If they don't do anything, you could point out the above in writing indicating that unless the lock is removed within 14 days, you will have no choice but to remove it and return it to them. Before removing it though make sure you have provided the neighbour, by recorded delivery, in writing that 1. you have a legitimate ROW - include copies of deeds etc, 2. the difficulties (describe them) the lock is causing you and your family in exercising your rights
so that if they try to involve the police you have evidence that you have a ROW and gave them notice of the problems and interference and the action you intended to take.

Surely i cant just remove the lock can i, although i would love to do that
span
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Joined: Sat Nov 06, 2010 1:34 am

Re: Next Door Locked Gate

Post by span »

abzndemz wrote:
mr sheen wrote:Speak to them again and try to settle the matter amicably. You could point out that-
you are within your rights to remove an obstruction to your free passing and repassing along your ROW and unless the gate is left unlocked you will unscrew the lock (taking care not to cause any damage) and return it to the owner citing the restriction it is placing on your use of the ROW by only being able to go one way and the prevention of its legitimate use by your disabled mother/father/ son/daughter/cousin etc.

If they don't do anything, you could point out the above in writing indicating that unless the lock is removed within 14 days, you will have no choice but to remove it and return it to them. Before removing it though make sure you have provided the neighbour, by recorded delivery, in writing that 1. you have a legitimate ROW - include copies of deeds etc, 2. the difficulties (describe them) the lock is causing you and your family in exercising your rights
so that if they try to involve the police you have evidence that you have a ROW and gave them notice of the problems and interference and the action you intended to take.

Surely i cant just remove the lock can i, although i would love to do that
Why not? mr sheen has just explained to you exactly how you go about doing it.
despair
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Joined: Mon Mar 14, 2005 7:07 am

Re: Next Door Locked Gate

Post by despair »

Yes you can unscew /remove the lock and return it to the owner together with a letter reminding them that even a gate and especially a locked one even if they give you the key is considered a substantial intereference to your legitimate ROW because a ROW is for the unhindered use of you and any number of visitors or tradesman etc etc

Just be sure not to cause any damage /take photos get witnesses and above all keep copies of the letter in a safe place
andrew54
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Location: north yorkshire

Re: Next Door Locked Gate

Post by andrew54 »

abzmdenz, how about you 'borrow' the key for a couple of hours - get yourself a copy of the key.
syckend
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Joined: Sat Feb 26, 2005 8:25 am
Location: South Coastal area

Re: Next Door Locked Gate

Post by syckend »

Don't be timid. You have a ROW so you can remove the lock and return it, borrow the key and get your own copy and even remove the gate. Cheers.
arborlad
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Location: Hertfordshire

Re: Next Door Locked Gate

Post by arborlad »

abzndemz wrote:............... i cant unlock it from the outside. .
Presumably your neighbours can't either!
arborlad

smile...it confuses people
Sudynim
Posts: 2242
Joined: Mon Dec 21, 2009 6:31 pm

Re: Next Door Locked Gate

Post by Sudynim »

mr sheen wrote:Speak to them again and try to settle the matter amicably. You could point out that-
you are within your rights to remove an obstruction to your free passing and repassing along your ROW and unless the gate is left unlocked you will unscrew the lock (taking care not to cause any damage) and return it to the owner citing the restriction it is placing on your use of the ROW by only being able to go one way and the prevention of its legitimate use by your disabled mother/father/ son/daughter/cousin etc.

If they don't do anything, you could point out the above in writing indicating that unless the lock is removed within 14 days, you will have no choice but to remove it and return it to them. Before removing it though make sure you have provided the neighbour, by recorded delivery, in writing that 1. you have a legitimate ROW - include copies of deeds etc, 2. the difficulties (describe them) the lock is causing you and your family in exercising your rights
so that if they try to involve the police you have evidence that you have a ROW and gave them notice of the problems and interference and the action you intended to take.
Good advice.
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