Right of access blocked by locked gate

kimmington

I have right of access along my neighbours drive. The previous neighbour used to close (not lock) the gate at about 21.00-22.00 and open it again at 07.00. This was annoying but manageable.  The new neighbour moved in about 5 years ago and initially never used the gate.  He has been at home since covid and appears to have developed some rather irritating habits. One of them is keeping the gate shut all day and night.  And now a lock has appeared with a key that has been given to all of the neighbours.  
I can't begin to express how inconvenient this is for many many reasons but want to know where I stand before I lose my cool.  

pinkshoes

If you have a key you still have access.

Inconvenient, but that’s what can happen when you require a right of way across someone else’s land.

You would only have a case here if they did not give you a key.

Jonesya

So he's fitted a lock and given you a key? So you still have access but you don't like the inconvenience of having to use the gate and the lock?

What sort of shared access is this, is it a shared drive you are using several times a day or a route for putting the bins out once a week?

kimmington

pinkshoes said:

If you have a key you still have access.

Inconvenient, but that’s what can happen when you require a right of way across someone else’s land.

You would only have a case here if they did not give you a key.

That is the absolute opposite of what I wanted to read.  Darn it.  Thanks... Sort of. 😉 

kimmington

Jonesya said:

So he's fitted a lock and given you a key? So you still have access but you don't like the inconvenience of having to use the gate and the lock?

What sort of shared access is this, is it a shared drive you are using several times a day or a route for putting the bins out once a week?

It is the only access to my (and others neighbours' ) properties.  For deliveries our vehicles or to walk out.  

unforeseen

If it is a 'right of way for all purposes' then it is a substantial interference as it is preventing deliveries, visitors etc so is an actionable nuisance as this appears to be the primary/main access to the dwellings. 

kimmington

unforeseen said:

If it is a 'right of way for all purposes' then it is a substantial interference as it is preventing deliveries, visitors etc so is an actionable nuisance as this appears to be the primary/main access to the dwellings. 

So this means that he has no right to do it? And asking him to stop is not unreasonable? 

unforeseen

No, it's not unreasonable to ask him to stop. 
You could even take out an injunction. 

Davesnave

We are having to squeeze the details out here, a bit like getting through the gate, but:

How many properties does this affect?

How far are the properties from the gate?

How are deliveries made if the couriers don't have keys?

Slinky

Old post revived by unrelated spam