gate on my drive

[sassi]

Hi Forum Member
I am hoping you can help with a problem and tell me if what I plan is legal. The drive to my house, passes another house. It is a private road. In both sets of title deeds it states I have legal access. It has been this way for 60 years. My house was the original house and the house that sites on the drive was built later.
I recently got new owners in the house at the bottom of the drive. They want to put a gate on the drive and say they are legally allowed to do this. I have checked this with my solicitor and they are correct.
There reason is they do not want there dog to run out onto the main road. I have tried very hard to explain the difficulties to them and offered an alternative, but they are not listening.
The drive access to the main road sits on a blind corner and I will need to stop the car on the main road to get out and open the gate. My drive has a considerable gradient and in the bad weather, snow and ice stopping on the slope will be difficult. Add to all of this, I am now 70 and it is a big wooden gate.

My goddaughter said I should just drive down to the gate and leave the car there. That would then be difficult for them to exit the drive, and it may force them to reconsider and negotiate. They do have a garden, it is on the other side of the drive from their house that could be fenced off. Since it is a private road and I have every right to be on that road, will I be committing a criminal offense?

I know it is not a solution, they will have to get an injunction to have me move the car, but it may bring them back to the table to talk. I know that the police do not like to get involved when it is a private road, but I don't want to do anything criminal!!

Many thanks in advance

[sandfordboy]

Have you spoken with the Local council planning department to understand their comments or concerns ?

[sassi]

Interesting. I assumed since no planning was involved and the gate is sited on a private road they would have no scope, but perhaps planning is required? Its worth a try. I live in a conservation village and planning do stipulate the types of fencing and paint on doors. So it is worth a try. Although they might just put the gate further up the hill, but that would be more expensive for them. Thank you