Blocked right of way

[Cep123]

Hi I am new to the site and seeking some advise about a blocked right of way. I have a deed for a right of way over neighbours land but they have now started to lock the gate so I have no access to my house. I have asked them, had a solicitor to ask them and written them a formal letter to say I will start court proceedings (I have evidence etc). I wanted to understand next steps, can I just complete a n244 to request a court order to open the gate or do I need to make a claim to the court first (the form is confusing as it asks for a claim number?)

[Peridot]

Hi the N244 is an application form used to seek an order, once you have issued proceedings in the Court. So you will need an N1 in the first instance to issue the claim.

[2222]

"... lock the gate so I have no access to my house... " Is this literally true, so you are a prisoner in, or are locked out of, your home? If so, you might need an emergency interim injunction.

Perhaps Peridot could comment on whether you might also have a right to remove the lock from the gate, although that will most certainly inflame the situation. The police may claim this is criminal damage and may even arrest you. They would be incorrect as the lock is a substantial interference with your ROW, but the police are mostly concerned with practical matters like keeping the peace and are not expected to be experts on ROWs.

Are you neighbours simply concerned about home security, in which case this ought to be easily resolved, or are they trying to deny your ROW?

[Cep123]

The neighbour is trying to prevent access. Relations have broken down and as there was a gate present already they have decided to lock it. They have refused to unlock and have said if access is needed it will be on a need to know basis however there is a deed for the right of way which allows access (by foot or vehicle) to us, visitors and any one else who requires access to the house so this is against the deed. The police have rightly said this is a civil matter and would only intervene if a breach of the peace. I would like an order from the court to open the gate as access is essential

[2222]

So, you want to leave your house, and you telephone them to ask if they will kindly let you out please? Have they ever said no? What if you decide to go out at 3 in the morning?

this situation sounds intolerable!

[seduraed]

wpouldn'ta combination lock solve the problem. you and the neighbour each have the combination.

[Cep123]

It is intolerable basically they will not unlock the gate. I was advised a N244 form would be needed for a court order to open the gate but the form requires a claim number so I didn’t know if I needed to put in an initial claim ie not monetary but for nuisance but I don’t know which court form this would be

[Cep123]

The neighbour is now not happy with me having access over their land and has decided this prevents any vehicles passing (you can access as a pedestrian but that is not helpful). I am concerned if I leave it any longer it will just end up in there being conflict or that future selling or renting will be an issue

[2222]

It is intolerable basically they will not unlock the gate. I was advised a N244 form would be needed for a court order to open the gate but the form requires a claim number so I didn’t know if I needed to put in an initial claim ie not monetary but for nuisance but I don’t know which court form this would be

Can I be quite clear? The only access to your property is through this gate, and you believe you have a ROW? Please confirm.

if so, you can possibly apply for an ex parte without notice interim injunction. If the court has sympathy with your predicament it will issue the injunction on the spot, but you will have to come back later for a full hearing.

On the other hand, if there's an alternative way in, don't bother.

[Cep123]

There is only one entrance/exit so I currently can’t drive to my house. I definitely have a right of way, this was granted by the previous owners of the land

[Cep123]

Can I ask what form do you need to complete for an ex parte without notice interim injunction

[2222]

This is like drawing teeth. So, you do have access to your home, just not with a car. How far away do you have to park, ie how far do you have to walk? Do you have a disability that makes that particularly burdensome?
Lots of people cannot park right outside their house, including the judge, perhaps. So, make sure you are not using an emergency procedure for a case that is more inconvenient than impossible.
try form N16A?

[Cep123]

Apologies if my description was not clear. There is a driveway to my house across my neighbours land, this forms the right of way from the highway. There isn’t anywhere safe to park on the roadside as it is on a main road junction. I don’t have any issues with my health to walk to the house but it is difficult in terms of normal activities such as taking shopping or anything else to the house. Also visitors are not able to drive to the house. I don’t feel that the issue is just an inconvenience the grant of the right of way was put in place when the land was divided up and the original owner put this in place. The neighbour is being deliberate in his actions and I would just like to return to being able to drive to my house.

[Amethyst]

Does the right of way show on your deeds ? Do they show vehicular access or pedestrian ?

A locked gate is likely to be deemed interference with your right of way ( probably says easement on your deeds ) - however if the gate is unlocked or you have your own key to be able to open the gates, then they are likely to be allowed. Gates blocking ROW come up quite a lot over on the GardenLaw forums ( https://www.gardenlaw.co.uk/phpBB2/viewforum.php?f=8 )

Presumably you have discussed this with your neighbour showed them the evidence of the right of way and they are continuing to deny you any access ? Ahhh yes

They have refused to unlock and have said if access is needed it will be on a need to know basis

Do you have legal expenses insurance on your house insurance or anything?

[2222]

Apologies if my description was not clear. There is a driveway to my house across my neighbours land, this forms the right of way from the highway. There isn’t anywhere safe to park on the roadside as it is on a main road junction. I don’t have any issues with my health to walk to the house but it is difficult in terms of normal activities such as taking shopping or anything else to the house. Also visitors are not able to drive to the house. I don’t feel that the issue is just an inconvenience the grant of the right of way was put in place when the land was divided up and the original owner put this in place. The neighbour is being deliberate in his actions and I would just like to return to being able to drive to my house.

I absolutely agree that you should resolve this in court, and I have posted the form I think you need for an ordinary sort of injunction hearing. The question is whether you are justified in seeking an emergency injunction? I'm not even sure there is a form for that. You might get short shrift from the judge if you apply for an emergency injunction and he does not think it's justified.

Since this matters to you a great deal, I wonder whether you should get a solicitor to apply for the injunction? If you bring the case yourself and muck it up, you may not get a second chance.

Disclaimer: I am not a lawyer. I have some experience in the legal system, but not with injunctions.