Right of way Through a Gate

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Ronnie
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Joined: Wed Feb 28, 2007 12:13 pm

Right of way Through a Gate

Post by Ronnie » Mon Nov 27, 2017 7:37 pm

Hi

I'm just after some help if possible please.

I not in dispute with my neighbour....in fact I couldn't ask for a better one, so I feel abit bad saying this. They are reasonably old, with one of them now moving down stairs. The house is quite big, so I'm not sure how look they will keep it for.

Originally on the plot of land there was a bungalow with access to the road via a 200ft drive and a gate at the other end in the corner, this gate was to access the footpath. The bungalow was demolished after the person died and the land was split and 2 houses were built in 2004. Also the gate leading onto the footpath was sort of destroyed. I’m not sure why, maybe they would have had to build a wheelchair access or it was taken out due to the parking area, which is located in front of the gate.

I reinstated the gate so I could have access onto the pathway. Being lazy, I didn't want to walk 200 ft down the drive and back 200 ft up the pathway!!. Officially on the Land Registry TP1 plan, the gate is not included or showing as a access point for my house of next doors, but on the plan there is a box saying parking which is located right in front of the gate, which I mentioned above. I normally move the car over by 5 ft so I can have access through the gate.

I have always let my neighbours use this gate, I never mentioned it to them that they could or can't use it, but they most probably think its part of the whole plot.

Looking at my plan, we have shared access down the drive which we both have to share costs to maintain, I can see this on my plan but the shared access stops at my house.

The gate now has been in for around 13 1/2 years. I know there is an easement by prescription which is 20 years, but not sure if this applies or not. I was looking to put something in place. If I could put something place regarding the access for the gate, how I would go about doing this. Would I have to fill in an AP1 form?

Sorry it's long winded................The reason I do ask, is that if my neighbours ever moved, and my new neighbours complained regarding the parking of my cars, I would like to know where I stood. I'm quite laid back and not fussed who uses the gate to be honest, but this might be something to get sorted out before it's to late.

Many Thanks


Ronnie

stufe35
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Re: Right of way Through a Gate

Post by stufe35 » Tue Nov 28, 2017 7:57 am

Ronnie, You are doing the right thing getting your head around this before its too late, and handled well their should be no need for a fall out. You are quite right about the 20 year thing. For the helpful members of this forum to get their head around things I think you are going to need to post a plan, and the wording in your deeds. You have to appreciate as you wrote that you had a picture in your mind. I have read it and cannot work out the layout at all. eg "the plot" which one, yours or theirs ? 'the pathway' - what pathway. whos pathway from where to where ? Why do you need access to the pathway ? You have shared access down the drive...is this different to the pathway ? The shared bit stops at your house...so how do they get to their house ? Does your house come first or theirs ?

Hope this helps

Regards

Collaborate
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Re: Right of way Through a Gate

Post by Collaborate » Tue Nov 28, 2017 8:24 am

If you put up a small sign to say use of the gate/path by neighbours is by your permission, that should be enough.

span
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Re: Right of way Through a Gate

Post by span » Tue Nov 28, 2017 9:15 am

Collaborate wrote:If you put up a small sign to say use of the gate/path by neighbours is by your permission, that should be enough.
Probably not.

Ronnie
Posts: 12
Joined: Wed Feb 28, 2007 12:13 pm

Re: Right of way Through a Gate

Post by Ronnie » Tue Nov 28, 2017 10:23 am

This is the plan, and the gate I put in, is located bottom left hand corner. The gate and steps were taken out when the bungalow was demolished.

My plot is the one with the red line around it.

The path is just a normal footpath, that people use. I don't own it, its a public right of way. This runs in front of my house, my neighbours and runs along the side of my driveway. Its not well drawn out to be honest, but i have a hedge and a fence that borders the footpath.

The Green makrings are mine and my neighbours driveway...The Blues makings if you can see it, is their turning space which is also shared maintenance

The reason I put the gate in, was to save me walking all the way down the drive which is the access then walk back on myself on the public footpath to the the town i live in....Me being lazy.

If you notice there is a parking space which is right in front of the gate, obviously if I parked a car there you would not be able to use it. There is nothing on the Land Registry that they can cross my land, also there is no reason for anyone to be there apart for my family to get in and out of the car.

All I have done, is to put a gate and a set of steps in to make it easier for us.....Like I said, I'm quite happy for people to use it, thats not a problem......but maybe I need some clarification who else can use it. I not wishing my neighbours lifes away, but curious how I would stand if anyone complained, if they couldn't get through the gate at anytime.

Thanks
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arborlad
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Re: Right of way Through a Gate

Post by arborlad » Tue Nov 28, 2017 11:40 am

arborlad

smile...it confuses people

MacadamB53
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Re: Right of way Through a Gate

Post by MacadamB53 » Tue Nov 28, 2017 1:54 pm

Hi Ronnie,

firstly, you don’t need to worry about why the gate doesn’t appear on any plans - it doesn’t have to.

second, how could the neighbour acquire a RoW over your parking space if you’ve been parking in it on a regular enough basis?

Kind regards, Mac

Ronnie
Posts: 12
Joined: Wed Feb 28, 2007 12:13 pm

Re: Right of way Through a Gate

Post by Ronnie » Tue Nov 28, 2017 11:11 pm

Cheers for that arborlad. I forgot I posted that 10 years ago.

I think I will go and see a solictor, and have something drawn something up.

ukmicky
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Re: Right of way Through a Gate

Post by ukmicky » Thu Nov 30, 2017 12:21 am

A simple sign telling trespassers that the property is private and to keep off will prevent anyone gaining an easement.
Advice given is not legally qualified and you are advised to gain a professional opinion

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