New Neighbour plans to put up two gates across right of way.

[gfiandy]

Hi, we live in a terrace of houses, it has a shared rear path behind the houses that is used by the community to pop round to each others houses for a chat. Some times it is used by delivery people to deliver parcels. In use, push chairs and children's trikes are some times use and it is used by one old lady.

New neighbours have moved in and plan to out up two gates across their strip of the path, they would be about 4m apart and they plan to put auto closing mechanism on them so they can allow their very large dog free access to the garden.

Does this constitute a significant reduction in our practical convenience using the path?

The whole community is very unhappy about this but there is no point getting into a legal dispute if we cannot win. They have already made it clear they do not care about the community's thoughts and will go ahead despite objections. It looks like the only way to stop them would be evidence that it is not legal.

Thanks for any advice Andrew.

[DE DOGS]

I believe that a right of way is just that, from memory, it cannot be obstructed.

[gfiandy]

Thanks for your reply, I think you are thinking of public rights of way, unfortunately this is only a private right of way. I have established from case law that one gate, that can be opened by an average adult, is not normally considered to have reduced access enough to constitute an obstruction.

What I am trying to identify is if two gates and the dog would increase the inconvenience enough to constitute "practically reducing the convenience" which appears to be the legal term used.

[MIKE770]

All easements have similar properties in that:

• There must be two adjoining properties; one of which has the benefit of the right, known as the dominant tenement (this is a positive easement), and one which has the burden of the right, known as the servient tenement (this is a negative easement).
• The owners of the two properties must be different from each other.
• The right must be recorded by deed and in the case of registered land, should be recorded on the Title Register for each property affected.

Express Easements

An express easement is expressed to be so by deed (Section 1(2) Law of Property Act 1925) and in the case of registered land is referred to in the A Section of the Title Register for the dominant tenement and in the C Section of the Title Register for the servient tenement.

An example of an express easement is where, on the sale of part of a parcel of land the vendor agrees that the purchaser may have a right of way along his drive. This will be recorded in the transfer deed and an entry will by made by the Land Registry in the A section of the purchaser's new Title Register and in the C section of the vendor's existing Title Register.

An express easement is usually created on the sale by the vendor of part only of his property. The easement will usually be created to allow the vendor to continue to enjoy his remaining property, as where he will require a right of way over the parcel of land he has sold in order to reach his remaining property, or a right to access sewers or drains that used to be on his property, but are now within the new owner's property.

Similarly, the new purchaser may require a right of way over the vendor's retained land in order to reach the land he has purchased.

[atticus]

Only the OP can assess the level of inconvenience to him.

[des8]

Who owns the path?
Does your land registry file mention this path/ refer to an easement?

[gfiandy]

The path was created as access to a shared well and is recorded in our deeds as being "for all time" the well is no longer present. However as noted above the path is well used and has been in used this way and in existence for much greater 20 years.

I think the new neighbours have accepted there is a right of way, however they clearly do not care that gating it has upset the community, meaning that our only recourse is if what they are doing is actually illegal. We have already pleaded with them not to disrupt our community to which we got a curt reply of we of "you misunderstand, we intend to go ahead we were only offering discussion about the nature of the gates."

[gfiandy]

I imagine the ownership of the path is shared each part belonging to the houses garden it crosses however my deeds which were written in 1925 are not very clear just saying upkeep is shared.

[des8]

Sight of the actual wording would be useful.

Does the map on Land Registry files show you own a section of the path?

Are there concerns about "a very large dog" having unrestrained access to the gates?
has any one thought of warning the neighbours that a visiting tradesman might leave the gates blocked open???

[gfiandy]

Many thanks for your reply. Yes we have already mentioned that tradesmen use this route, in fact delivery men do as well. Several people have mentioned it would be safer for ttheir dog if they fenced next to the path rather than across it. Despite claiming this is for the safety of their dog they don't seem to care.

I have attached the part of the deeds that references the right of way to the well.

Unfortunately the land registry documents for these houses are old and quite low resolution they show rectangles round each garden going down to the road at the far end which would imply the paths are each owned by the respective houses but it does not show the actual path. I can get an image if it would help.

[gfiandy]

Here is the relevant part of the land registry document. Our house is in red the new neighbours are in the house to the left.
You can see the path as the gap between houses and outbuildings.

[des8]

Depending on the sort of gates installed, in themselves IMO the interference would not be considered substantial.

However combining the gates with a large dog changes the situation.
What if one of those with the right to use that path is dissuaded from using it because of the dog?
Even the most placid of animals can cause concern/trepidation, even more so if boisterous or showing tendencies of aggression or guarding.

i can see a falling out between neighbours!

[DE DOGS]

And that's how wars start.

[gfiandy]

Many thanks for your view. I think it is fair to say we have already fallen out. However is there any recourse under the law, as it is clear they will not stop the fitting or take the gates down unless we have a legal right to insist.

[des8]

Well reluctantly, you could apply to the court for an injunction to have the gates removed.
Assuming your neighbours oppose your application be ready for an expensive action, with no guarantee of a win

Really the better course is to try and find a compromise solution.
No matter how difficult that seems it is the way forward.

If the matter reaches court,and if you come to sell your house in the future, the disagreement will need to be declared to potential buyers.
Possibly it will deter some buyers