Private Right of Way - locking vehicle access gate - what can I do next?

[Dovetree]

Hi there,

a property I am purchasing has an easement "for all persons authorised at all times and for all purposes to pass over and along the road" from the gate on the highway to the property. The track leads only to the property and sits in a field where cattle are let out. I contacted the farmer to introduce myself as a new neighbour and the farmer who owns the land has contacted me via his solicitor stating a number of things I can't do and insisting that I agree to them. One of the requests I am refusing to agree to is the locking of the access gate. The property is recently derelict and over the past months has had a number of 'visitors' going to the property for a look see. The gate was not closed properly and since no one was living at the property, the farmer started to lock the gate. The gate is about a 1/3 of a mile from the property and cannot be seen from the property. The farmer is insisting he continues to lock the gate and we will both have a key. Maps show the track and property have been in place for hundreds of years and the gate has not previously been locked.

I believe the locking of the gate will cause substantial interference (from what I have read) - how are the trades, deliveries, postal, utilities, ambulance/fire service to gain access if I am not there or am incapacitated? Am I being unreasonable? I was going to suggest contributing to a cattle grid or spring gate but just wanted some other opinion first. What can I do if he continues to lock the gate and the builders can't gain entry? Can he ignore the easement?

Any help would be very much appreciated as I would much rather deal with him directly. I only contacted him to be a good neighbour!
Thank you in advance.

[labman]

Re: Private Right of Way - locking vehicle access gate - what can I do next?

I am no expert, so please wait for more qualified opinion, but to me the easement seems extremely clear - it may be worth just phoning the solicitor who handled the sale to check on it, I doubt they'd charge. The word 'All' covers pretty much everyone who may be visiting your property as even I could come up to post a note through your door. It is a common law right which some people can be used to greater effect than it actually can through its removal.

I'd be phoning the solicitor to check, but you seem to be offering a very reasonable solution.

[teaboy2]

Re: Private Right of Way - locking vehicle access gate - what can I do next?

On a fun note - If it was me, i'd take the gate down and remove the gate posts, then write back asking to which gate he is actually referring too?! Whilst taking the time to ask how his cows are doing! :tinysmile_twink_t2:

Though on a serious note, if the locking of the gate prevents postal deliveries as per you pointed out then you have case law on your side - Geoghegan v Henry [1922] 2 I R 1 - The same would apply for emergency services!

Heres some useful info - http://uk.practicallaw.com/9-385-9230

[Dovetree]

Re: Private Right of Way - locking vehicle access gate - what can I do next?

If only! Thank you for the information.

[wales01man]

Re: Private Right of Way - locking vehicle access gate - what can I do next?

Remove the gate! the cattle get out onto the road an accident occurs a driver is killed that's the most sensible suggestion ive EVER read on here

[teaboy2]

Re: Private Right of Way - locking vehicle access gate - what can I do next?

Well the farmer won't be able to put his cattle in there when there's no gate, if he did, he'd be the one liable for any accidents caused.

As i said "On a fun Note" therefore the comment was in jest and not meant to be taken seriously. I guess your not feeling humorous today!!

[wales01man]

Re: Private Right of Way - locking vehicle access gate - what can I do next?

Im full of Humour every day just that remark brought out the serious side of me out happens sometimes I even laugh at Cleverclogs jokes

[ploddertom]

Re: Private Right of Way - locking vehicle access gate - what can I do next?

I'd say typical farmer trying to capitalise on a situation.

[wales01man]

Re: Private Right of Way - locking vehicle access gate - what can I do next?

When we were looking for rural properties in Wales several years ago we came across properties with gates for access similar to this after researching each one we found the farmers whose land was crossed in some cases made life extremely hard for the existing owner we walked away.
Near Carmarthen there was a well reported case of a landowner blocking access,for some Landowners easements and right of access matter little.
My farmer friend has a rack that provides access to another property not owned by him there are seven gates from the road to property all have to be opened and closed the Houseowner does this no bother

[Dovetree]

Re: Private Right of Way - locking vehicle access gate - what can I do next?

Thank you for your response. I don't mind opening and closing a gate, just the addition of a padlock that no visitors/deliveries/doctors can access without a key.

[enquirer]

Re: Private Right of Way - locking vehicle access gate - what can I do next?

A property I am purchasing has an easement "for all persons authorised at all times and for all purposes to pass over and along the road" from the gate on the highway to the property. The track leads only to the property and sits in a field where cattle are let out. [....] Maps show the track and property have been in place for hundreds of years and the gate has not previously been locked.

Gate from public highway into field.
Track from gate over field to house.
Easement.
Long established.

I contacted the farmer to introduce myself as a new neighbour and the farmer who owns the land has contacted me via his solicitor stating a number of things I can't do and insisting that I agree to them.

I suspect that this will escalate if not put a stop to fairly rapidly. This will probably require a stiff letter from your solicitor.

One of the requests I am refusing to agree to is the locking of the access gate.

Who does the land belong to? To whom does the gate belong (if it falls down, who pays?).

The property is recently derelict and over the past months has had a number of 'visitors' going to the property for a look see. The gate was not closed properly and since no one was living at the property, the farmer started to lock the gate.

Understandable up to a point, but only as a temporary measure.

I believe the locking of the gate will cause substantial interference (from what I have read) - how are the trades, deliveries, postal, utilities, ambulance/fire service to gain access if I am not there or am incapacitated?

If the gate cannot be seen from the property, then how are you supposed to let people in? Even if you could see it, are you supposed to come out and trek down there in all weathers, just to open it? The whole idea is preposterous.

Am I being unreasonable?

No - he is.

I was going to suggest contributing to a cattle grid or spring gate but just wanted some other opinion first. What can I do if he continues to lock the gate and the builders can't gain entry?

If he blocks access then that's a both an offence and a Tort.

You could indicate that you would be happy to see a cattle grid or similar. He will of course be perfectly well aware that these things are tax deductible.

Although not your responsibility, offering to assist with a cattle grid or spring gate would certainly highlight his unreasonable behaviour, should it come to litigation. If you do so, phrase your offer with care.

Can he ignore the easement?

No.

I only contacted him to be a good neighbour!

Did he bid on the property?

[Dovetree]

Re: Private Right of Way - locking vehicle access gate - what can I do next?

Thank you very much for your reply and information.