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Property access rights
Comments
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Nobody can stop you from installing a gate. They can stop you from using it, though.
If a public right of way exists and you only pass over your land and this public right of way, then you are OK.
If at any point you pass over private land where you have no right of way (even just a foot, such as the verge scenario mentioned above) then you need the landowner's permission which they are free to withhold. It is no different to a neighbour installing a gate and walking over your garden for access.0 -
Ultimately no one can stop you building a gate or force you to remove it. If you don't have the right to use the path then they can effectively stop you using it legally.
It would be interesting to know how the path is handled. Do the houses further down it have their own right to use it, or is the right generic to any users? Who paid for the path and for its upkeep etc?
Also, it is worth considering how you will handle this even if you do have the right to use the path. How much benefit does this provide, how can you progress without damaging relations with the neighbour(s) etc.Having a signature removed for mentioning the removal of a previous signature. Blackwhite bellyfeel double plus good...0 -
generally in your case , you need to ask your neighbours permission.
if they agree there is no problem.
this is how things are done where i live.0 -
I'm with ValHaller on this. A ROW is not the same as access. Putting in gates implies access is allowed & consented to when it currently may not be.0
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You need to check your deeds as to whether you have a right of way for access to the rear of your property.
If you do then put the gate in and he can lump it.
Also you need to check the actual ownership of this land. In my road further down someone has extended his garden over the public footpath, because no one has complained they have got away with it.
It may be he thinks the land is his but isn't.0 -
Unless there is a restrictive covenant or condition of sale of your house, there is no law which says you have to have a fence on your boundary, so if you removed one or all of your fence panels, no-one can do anything about it.
I don't advocate doing the above, but there is nothing to prevent you replacing a panel with a gate, or even every panel with a gate. You can of course open the gate(s) but you may not have the right to use them to access either path.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0
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