Next Door Locked Gate

[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]

And it's your right of way so you can insist that they don't.

[mr sheen]

You do not have to lock the gate when you use it or replace the key in 'exactly' the same position

[abzndemz]

The Key is on a chain on the inside of the gate? What can i do

[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]

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]

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]

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]

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]

abzmdenz, how about you 'borrow' the key for a couple of hours - get yourself a copy of the key.

[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]

............... i cant unlock it from the outside. .

Presumably your neighbours can't either!

[Sudynim]

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.