Property access rights

Ham131

I live in a small village where there are cotrages of all shapes and sizes. As the village has grown, cottages have been built in odd positions and all residents have strange access. To the rear of my property is a pathway leading to a number of neighbours houses. I believe that some of the walkway is private and other sections are owned by the local council (I need to confirm this though). I would like to add a gate to the rear of my property from this path. The gate would in no way obstruct my neighbout using the path and have found a position for the gate which is tucked away and in no way can be seen by those living behind me. There are 2 properties directly behind me and I recently raised the matter with one if the owners. In a friendly chat, I described where I would like to position the gate and the limited use it would receive. He said he needed to think about it and a day or 2 later, a note appeared on my doormat saying no to my suggestion. The gentleman felt that the addition of a gate from the pathway would devalue his home (which I find very hard to believe).
So my question is simple, what rights do I have? Is there anything that those currently using the path can do to prevent me adding a gate? Any thoughts or suggestions would be welcomed! Before I spend large sums of money on legal consultations, I would really like to get an idea of if I have a "leg to stand on". Thank you

lighting_up_the_chalice

To clarify. Are you wanting to place a gate in an existing physical boundary (fence?)?

Ham131

Hello,

Yes, that's correct. I have a wall and section of fence that run along the pathway. I simply want to change part of this to include a gate.

Thank you for the prompt response

ValHaller

Check your deeds in the first instance. If the proposed gate separates property which is exclusively yours from rights of way and access in general and it does not go across any right of way when it is open or closed, just do it,

I suggest you drop a note back to the neighbour, thank him for his interest and clarify that your question was not about the effect on valuation of property, it was related solely to whether any of his property rights would be infringed. State that you will go ahead unless he can show a right which is being infringed.

Then do it.

ValHaller

Ham131 wrote: »

Hello,

Yes, that's correct. I have a wall and section of fence that run along the pathway. I simply want to change part of this to include a gate.

Thank you for the prompt response

OK, misunderstood the layout. The wall and the fence make a difference. Currently you have no physical access onto the pathway. You will be infringing the rights of whoever owns the pathway.

lighting_up_the_chalice

I'd just do it and see what happens. You can always "make good" if life becomes too challenging later. It's only a gate.

freeisgood

This is confusing, at the bottom of our garden is a council owned park. We, and indeed most of the neighbours have put a gate into the fence that forms the property/park boundary. All the gates have been there years, we never asked for permission, though all the gates are generally hinged to open into the garden rather than into the park.

If the path section in question is owned by the council, or even privately owned but a public right of way, then surely this is exactly the same idea. In fact, if you chose to remove your wall and fence completely because you felt like it, would you be forbidden to walk onto the path from your open garden? I think not.

Ham131

I am a little confused by the ownership rights that my neighbour has over the path. Land registry records show that the section of the path where I want to put the gate belongs to him (and I assume that other neighbours have right of way access to use it to access their properties). Other sections of the path appear to be owned by other properties. Does this make any difference?

Also, I have checked my official register of title and it does not state that I have use of the path at the rear. Does any of this change your advice?

Thank you

Ulfar

ValHaller wrote: »

OK, misunderstood the layout. The wall and the fence make a difference. Currently you have no physical access onto the pathway. You will be infringing the rights of whoever owns the pathway.

Not if the gate opens inwards.

However the OP needs to check you have a right to use the path for access.

I have exactly the same situation as the Op, there is a pathway behind the fences that gives access to all properties. It is owned by the council and we all have a right of way.

Ham131

Ulfar wrote: »

Not if the gate opens inwards.

However the OP needs to check you have a right to use the path for access.

I have exactly the same situation as the Op, there is a pathway behind the fences that gives access to all properties. It is owned by the council and we all have a right of way.

Only thing is....I think the neighbour owns the path (even though anyone can walk along it) and not the council...I guess this changes things?

What's most frustrating about all of this is that the gate would in no way obstruct the path or be in view from his house. Very frustrating as we have been nothing but model neighbours in the 5 years we've lived here and he has no reason to be so obstructive to us.

Thanks

ValHaller

Ham131 wrote: »

Only thing is....I think the neighbour owns the path (even though anyone can walk along it) and not the council...I guess this changes things?

If it is his path, then end of. By agreeing to your access he is no longer free to stop off the path - you effectively have an easement which to some extent trumps his ownership.