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Lock on shared access alley gate

bisybee
bisybee Posts: 16 Forumite
edited 1 November 2012 at 12:20AM in House buying, renting & selling
Hi,

I'd appreciate some advice on the best way to manage a lock on a gate which gives access to the gardens of several houses?

For security my new neighbour(A) wants to put a lock on the first gate which gives access from the road to our back gardens.

I want to ensure that if I agree to having the lock that I would not be liable if I or my lodger etc forget to lock it and there is a breakin- if so then I cannot agree to the lock.

I also want to know the best way for such a lock to be managed, (A) is happy to maintain and provide the lock and keys. If they do not maintain the lock (see background, they did not understand and would prefer I not use the path as much) and it becomes difficult for me to open, how would I go about legally having it removed?

I live alone so I understand their need for security however the two new gates (possibly 3 if my other neighbour decides to do the same) and now a lock do make it more difficult to access my garden.

Cheers for any advice,
Am trying to be reasonable!
:undecided


Background
New neighbours (A) moved in and put up bolted gates obstructing my right of access via their garden. They did not believe I had the right to access my house using this alleyway (I access my back garden by using alley/path behind their house and one other). I showed them my title docs which confirm my right of access. I agreed to the gates remaining for added security but insisted the bolts be taken off to allow access from either direction. The bolts have been removed and all was well.

Unfortunately these new neighbours have fallen out badly with a neighbour (B) several doors up the road who does not have any access rights. Apparently last week (A) saw (B) take two men down the alley and to the path at the back of (A)'s house. I do not know (B)'s reason for doing that or how (A) approached them about it, however it seems there was a major arguement (which (A) reported to the police) and this kicked off again tonight with a shouting match on the street between (A) and (B).

Oh joy!

The new neighbours seem 'respectable' if a bit naive.

Anyway (A) came around this evening, explained what has happened and they want to put a lock on the first gate and give all the neighbours keys. Hence my request for advice/suggestions.

Comments

  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    It would be worth running an advanced search, the issue of right of way and bolted gates comes up regularly.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • V_Chic_Chick
    V_Chic_Chick Posts: 2,441 Forumite
    Would a combination (i.e. number code) lock be an acceptable compromise?
  • bisybee
    bisybee Posts: 16 Forumite
    edited 27 October 2012 at 9:01PM
    Thanks Fire Fox,

    I've looked at other posts but couldn't figure out if by agreeing to have a lock fitted I am in some way making myself liable if it is accidently left open by me/someone I allow to use it.

    Also, as I don't totally trust these new neighbours not to make it difficult for me to use the access I want to know if I would be able to remove the lock at a later date if they do not maintain it and it becomes difficult for me to gain access. Do I need to put the arrangement in writing?

    V Chic Chick - I don't mind whether it is a key or a combination, just that it works properly and if it doesnt that I know what I am allowed to do about it.

    Not what I had planned to spend my saturday evening thinking about, where's the wine...:)
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    bisybee wrote: »
    I want to ensure that if I agree to having the lock that I would not be liable if I or my lodger etc forget to lock it and there is a breakin- if so then I cannot agree to the lock.

    Why would a locked gate prevent a break in? Easy enough to climb over.
  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Request a code lock that requires "C" AND FOUR NUMBERS PLUS " X OR Y"
    this means no lost keys and can be replaced at the cost of £33
  • chris_m
    chris_m Posts: 8,250 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    bisybee wrote: »
    I want to ensure that if I agree to having the lock that I would not be liable if I or my lodger etc forget to lock it and there is a breakin- if so then I cannot agree to the lock.
    .
    .
    Anyway (A) came around this evening, explained what has happened and they want to put a lock on the first gate and give all the neighbours keys. Hence my request for advice/suggestions.

    If they give keys to "all the neighbours" how would they assign any liability since the won't know whether or not it was you or your lodger who forgot to lock it? Could have been any of the other neighbours who are also keyholders.
  • bisybee
    bisybee Posts: 16 Forumite
    Thanks for all your comments,

    Yes Chris_M I think it would be difficult for them to prove if I left it unlocked, just wondered if they could prove it would I be liable.

    Think the combination lock is a good alternative Dimbo61 and like you say avoids the issue of managing keys.

    Am going to talk to one of the other neighbours this affects and see what they think. I am wondering if adding the lock will resolve the issue or if neighbour (A) has just bought the wrong house for them, in which case they will likely end up moving anyway.

    Thanks for the advice:)
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