Chain on right of way gate

Post Reply
Bellie28
Posts: 6
Joined: Mon Jun 22, 2020 5:17 pm

Chain on right of way gate

Post by Bellie28 »

Hi, I was hoping for some advice regarding a chain locked gate we have right of way through. At the minute it is locked to the side with a pincode lock that is rusty so I’ve asked the owner change the gate to something that doesn’t have a chain- ie is in the gate- and has an easier lock. I originally suggested a pincode one but he has come back with a key one but still wants it to be on a chain.
My kids will be using the access to get to the school bus with all their school equipment- one of them plays guitar so will just have the one free hand so managing a chain & lock will be impossible without putting their stuff in the mud. I know the legalities around having a lock on a pedestrian right of way are grey but is there anything around the type of lock. Am I being unreasonable asking for a lock that goes straight into the gate and doesn’t have a chain to manage as well?

I’ve suggested the Tru-Close Lokk-Latch Pro Sl Llp1S Gate Lock D&D Technologies.
despair
Posts: 16638
Joined: Mon Mar 14, 2005 7:07 am

Re: Chain on right of way gate

Post by despair »

I always understood that ROW could not be locked .....sure others will know more
Bellie28
Posts: 6
Joined: Mon Jun 22, 2020 5:17 pm

Re: Chain on right of way gate

Post by Bellie28 »

I should have clarified it is pedestrian/horse only so I think that’s a bit different than vehicular.
mugwump
Posts: 586
Joined: Tue Jul 10, 2007 6:34 pm

Re: Chain on right of way gate

Post by mugwump »

I would have thought that a locked gate would be a substantial interference for a horse rider
Bellie28
Posts: 6
Joined: Mon Jun 22, 2020 5:17 pm

Re: Chain on right of way gate

Post by Bellie28 »

Oops, just reread it and it is “on foot only.” (I was getting it confused with another right of way that is vehicular that leads out to the main road.) This one is just to walk into the village.
ukmicky
Posts: 5207
Joined: Sat Sep 27, 2008 10:13 pm
Number of Posts per Page: 20
Number of topics per page: 20
Location: London

Re: Chain on right of way gate

Post by ukmicky »

Public Right of way or private
Any information provided is not legal advice and you are advised to gain a professional opinion
Bellie28
Posts: 6
Joined: Mon Jun 22, 2020 5:17 pm

Re: Chain on right of way gate

Post by Bellie28 »

Private. We are the only ones who use it. The owner uses the field to store a caravan & jeep but doesn’t use the entrance regularly... just his gardener a couple of times a week so the ease of use isn’t a thing to him.
MacadamB53
Posts: 7231
Joined: Sun Dec 09, 2012 11:13 pm
Number of Posts per Page: 100
Number of topics per page: 50

Re: Chain on right of way gate

Post by MacadamB53 »

Hi Bellie28,

Am I being unreasonable asking for a lock that goes straight into the gate and doesn’t have a chain to manage as well?

no, but it would be unreasonable to think you can demand it.

if you’ve asked and the owner has said “thanks but no thanks” then c’est la vie.

that said, you could point out that the law might consider the lock a “substantial interference” with the enjoyment of the RoW.

kind regards, Mac
Bellie28
Posts: 6
Joined: Mon Jun 22, 2020 5:17 pm

Re: Chain on right of way gate

Post by Bellie28 »

It definitely is a substantial interference when my children can’t unlock the gate.

So there’s no precedent for what kind of lock, but also no requirement on our part to relock the gate. We will see if there is a compromise. They put in a useable lock/ we lock the gate...
MacadamB53
Posts: 7231
Joined: Sun Dec 09, 2012 11:13 pm
Number of Posts per Page: 100
Number of topics per page: 50

Re: Chain on right of way gate

Post by MacadamB53 »

Bellie28 wrote: Sun Jun 28, 2020 8:57 am It definitely is a substantial interference when my children can’t unlock the gate.

So there’s no precedent for what kind of lock, but also no requirement on our part to relock the gate. We will see if there is a compromise. They put in a useable lock/ we lock the gate...
the courts, not the claimants, decide what constitutes a “substantial interference” on a case by case basis - but a pretty reasonable rule of thumb would be that a locked gate is one (because visitors wouldn’t be able to gain access without making arrangements in advance)
Bellie28
Posts: 6
Joined: Mon Jun 22, 2020 5:17 pm

Re: Chain on right of way gate

Post by Bellie28 »

Oh I know Mac,Thanks. I would rather not even go down that route. Just wanted to fully understand my position. Hopefully we can find some kind of middle ground that suits everyone. Maybe the kids can just unlock it in the morning and he can relock it when he wants. When he first gave us the code, he asked us to keep it locked At all times and I said that was fine, but if there’s an alternative that he’s just not willing to consider, I’m not going to make my kids faff about with a difficult cold/wet chain & lock anymore than they have to.
stufe35
Posts: 968
Joined: Mon Nov 05, 2012 3:06 pm

Re: Chain on right of way gate

Post by stufe35 »

There in lies your bargaining chips. Point out to him you would most likely be successful if you took him to court for substantial interference to get the lock removed. Point out to him that you are under no obligation to even shut the gate once you've passed through it let alone lock it. But you are willing to keep locking it so long as the lock is easy to use.
SwitchRich
Posts: 248
Joined: Wed Feb 24, 2016 10:34 am

Re: Chain on right of way gate

Post by SwitchRich »

Why not offer to go 50:50 on a new lock if you really want one?
despair
Posts: 16638
Joined: Mon Mar 14, 2005 7:07 am

Re: Chain on right of way gate

Post by despair »

Its dead easy and cheap to simply fit a Chubb barrel window lock ...works from both sides ...keys are cheap and theres only a small round hole on either side
Post Reply