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Right of access over land

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  • Right of access over land

    I was wondering if anyone would be able to provide advice:

    I own an end terrace built in 1905. They layout is slight unusual but essentially there is a large strip of land to the side of the property leading to our garden. In between the row of terraces walled courtyard is a strip of land before their fenced gardens. All the other terraces (4 in total) have right of access over our land. The deeds show I own this land but the other terraces have right of access so that they can access the rear of their properties without having to go through their own house. I cannot remember the exact wording of the deeds but I believe it is something to the effect of they have right of access for ‘any purpose and at any time’.

    when we moved in this strip of land (around 12 foot in width) was open onto the road, and the public would walk down sometimes, someone even came down to urinate(!) and someone caught on camera a bugler trying to access the rear of the properties. With the agreement of all the owners of the terraces we erected a gate at the entry to this strip of land we own for security reasons. everyone has been very happy with this as it has made everyone’s rear of the property more secure. The gate is open and everyone can go through this as they please. The other day a their tried to force entry to gain access to the rear of the properties and so we want to make the gate more secure. I found a latch that has a key to operate the latch on both sides so it could be opened from the rear or the road side- and was going to give every terrace with access a key. I felt this did not restrict their access as they are free to use this whenever they please to open the gate, and could get more keys cut to give out if needed. I mentioned we would do this to a neighbour who became very upset as she felt it was too inconvenient for her which I was surprised about

    legally where do I stand- am I restricting access by locking a gate even though I will provide a key? The gate opens out onto the full 12ft width of the land and I have not restricted this .
    Tags: None

  • #2
    I can provide pictures of the deeds of that adds more clarity- thanks in advance

    Comment


    • #3
      It would seem that you have been very neighborly and helpful to your neighbors. If you do get any complaints, just ask your neighbors who have access to support you.

      Comment


      • #4
        Just step carefully if you intend to proceed with putting a key operated lock on the gates.
        You shouldn't without the agreement of all who have access.

        If there is a dispute about it which reaches court it will probably be seen as substantially obstructing the right of way.
        You argue they have a key, but the test is can the right of way can be exercised as conveniently as previously.
        Now that right of way applies to the dominant property, and whilst the owner might have access, visitors (including emergency services) will not get past the gate.
        It is likely that a locked gate will be held to be a substantial interference with the right of way because it is an obstruction. .

        Comment

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