Gate over right of way to shared driveway

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Edward1972
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Gate over right of way to shared driveway

Post by Edward1972 »

My property comes with rights to park two vehicles on a six-vehicle shared driveway owned by my neighbour, plus "full right of way at all times and for all purposes in common with the Vendor and all others entitled with or without vehicles at all times and for all purposes to pass and re-pass over and along the driveway and parking area..."

The neighbours had a gate on the driveway but it was in a dilapidated state and had been left permanently open for at least the seven years I have lived here. However, they have now replaced this with a new gate and have taken to shutting and bolting it every time they come in or out. This means I have to get out of my car to open it and gain access to my parking spaces, which of course is pretty annoying - especially at night and in wet weather.

Can I insist that my right of way is not blocked by this gate?
despair
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Re: Gate over right of way to shared driveway

Post by despair »

Technically they can install a gate but it should not hinder yours or any other legitimate users or your friends or tradesmens entrance so just giving you a key is not enough

for your part you can prop the gates open and are not required to shut them

so theres more than one way to skin a cat

if the gates are padlocked and thus prevent anyone visting you then what they have done constitutes substantial interference with your ROW

check very carefully all mortgages credit cards insurances union memberships for legal expenses cover and be sure to file a claim for help in correct time periods
MacadamB53
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Re: Gate over right of way to shared driveway

Post by MacadamB53 »

Hi Edward,

Closing the gate across the drive which you own a right to use does not constitute a substantial interference.
Ditto bolting the gate.
Locking the gate is where an interference can be claimed.

I'm afraid you're going to just get out of the car to open the gate (like the owners and 1000s of others in the UK).

Frankly, you have had it good in this regard for the past seven years.

Kind regards, Mac

edit: so in answer to your question, no you cannot insist on your access not being blocked in this way.
MacadamB53
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Re: Gate over right of way to shared driveway

Post by MacadamB53 »

for your part you can prop the gates open and are not required to shut them
True, and I know you were just giving Edward the full picture, but it's not terribly neighbourly behaviour.

I assume, because Edward has not said otherwise, the neighbour also uses the gated access point, and so also has to go through the (not very significant) inconvenience of opening the gate.

I assume, because I think it likely, something must've prompted the neighbour to replace the old gate - and in doing so made both his own and Edward's properties more secure.

I think Edward is just feeling a little put out and was hoping he could use some legal point to reinstate his seven-year status quo because that happened to be his preference.

Kind regards, Mac
despair
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Re: Gate over right of way to shared driveway

Post by despair »

Maybe if the neighbour had discussed the situation with Edward they could have found a way to have electrically operated gates and save everyone the hassle
MacadamB53
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Re: Gate over right of way to shared driveway

Post by MacadamB53 »

That is true.

Although, assuming as you have, Edward was not consulted, then you could also argue that, if he had been then he might have been able to convince the neighbour a gate wasn't needed at all...

But I would imagine the OP might have read a little differently had Edward not been made aware of the gate's installation.

Who knows? :)

Kind regards, Mac
Edward1972
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Re: Gate over right of way to shared driveway

Post by Edward1972 »

A gate hasn't been required in the last seven years and as this new one isn't locked it's hardly increased security. It's therefore pretty pointless, hence my annoyance.

Anyway, thanks everyone for your input.
COGGY
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Re: Gate over right of way to shared driveway

Post by COGGY »

Is it possible the neighbour is waiting to see your reaction to the gate before putting a lock in place?

Best wishes
Coggy
MacadamB53
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Re: Gate over right of way to shared driveway

Post by MacadamB53 »

Is it possible the neighbour is waiting to see your reaction to the gate before putting a lock in place?
Possible - but do you really think it's likely from the info and emphasis in Edward's postings?

In my humble opinion I don't think it's likely, but I may be wrong.

Kind regards, Mac
catapult1
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Re: Gate over right of way to shared driveway

Post by catapult1 »

Perhaps the security aspect is just for insurance purposes?

Same answers as the other site Edward. It isn't a substantial interferance because opening and shutting a gate is only, as you say, annouying.

Perhaps you can suggest a compromise of electric gates that open and shut automaticly? and if you offer to pay for it It shouldn't cost you half as much as a lenghty neighbour dispute :)
My answers are not of a legal nature, only what I consider to be common sense.
stufe35
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Re: Gate over right of way to shared driveway

Post by stufe35 »

It would appear there is nothing to dispute.
andrew54
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Re: Gate over right of way to shared driveway

Post by andrew54 »

stufe35 wrote:It would appear there is nothing to dispute.
There is plenty to dispute!

The landowners right to gate is in dispute.

The landowners right to lock could soon be in dispute.

The OP's duty to close the gate could become another dispute.
catapult1
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Re: Gate over right of way to shared driveway

Post by catapult1 »

There was a gate there before the new one. The op (and owner) just never shut it before. Edward is miffed because he doesn't want to have to get out of his car to open and close it.

All I can say is ... Go on, make an issue of it and see how well that goes long term.
My answers are not of a legal nature, only what I consider to be common sense.
Conveyancer
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Re: Gate over right of way to shared driveway

Post by Conveyancer »

I discussed this issue here: http://www.gardenlaw.co.uk/phpBB2/viewt ... =8&t=11837 (Incidentally I have just noticed that in one post I got misinformation and disinformation the wrong way round).

I agree that in this case there is not a lot the OP can do if the new gate replaces an old one, even if the old one had not been closed for seven years.
If you have benefited from advice on this site please consider contributing to a cancer charity.
arsie
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Re: Gate over right of way to shared driveway

Post by arsie »

The OP doesn't say who comes and goes. Maybe the land owners are elderly and don't drive on a daily basis whereas the OP does. The gate with bolts may be to improve security after a break in. I would suggest a quiet neighbourly chat and see if they are open to suggestions. Automatic gate opening motors and remote controls don't cost the earth and offering to contribute/meet the costs might be well received? Just a thought.
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