End terrace right of way access

hellenoftroy10

I wonder if anyone can help me? I bought an end terrace house, end of four properties and there is an alleyway between my house and the start of the next terrace of four houses. On my deeds it states that there is access down the alleyway for the end house of the next terrace, his adjoining house, and also access up the alleyway and across my property at the rear for my adjoining neighbour and the house adjourned after that.
When I bought my house 5 years ago the garden had a wall going the entire length of the property essentially blocking off access to the two houses adjoining my property, and this had been agreed between the house owners at the time.
A couple of years after I moved in the neighbours asked if the access  could be reopened and a gate fitted for the purpose of selling the house and that the access wouldn't be used it was purely for their mortgage.
I stupidly thought that was okay and not a massive issue. 
So now there is a gate in the wall.
This would be fine in itself and I dont have an issue, however the guy that bought it has rented it out to a family, who I get on very well with, but the one son is a bit of a !!!!!! and when drunk cant remember to shut the side alley gate and has left it open a few times. I have spoken about this a few times and told them they need to shut the bloody gate and he has mostly, but recently left it wide open and I have two dogs and one went running out down a busy road and could have got killed. I've told them I've screwed the gate shut now and he can just remember to take his front door key out with him from now on as thats the only time the access is used as he gets too drunk and loses his key and they leave the backdoor open. Can I legally just brick the gate back up as it was all bricked in when I bought it or do I just have to lump it now after my own stupid error?
Any helpful advice would be great thanks. 

HampshireH

Surely your garden itself should be secure if you have dogs?

I'm struggling to picture it sorry. You say its an allyway but that its direct to your garden. Does this mean the ROW is actually in your garden and not an allyway. So they cross yoir garden..... into their own via another gate or its all open plan?

Could you secure this area?

Can't see you getting away with blocking the wall back up if it shouldn't have been done in the 1st place.

ElizabethRose

If the deeds say right of access they have right of access. It's very common with terraced houses. I'm surprised there was a full wall there to start with. Many years ago I was advised when I was buying an end terrace with the deeds saying the same I could put up a fence but must install a gate for the neighbours. 

Soot2006

Fit a large gate spring so he can't leave the gate open.

You can't block off a right of way.

letsbetfair

Put a padlock on the gate and give neighbours a copy of the key? Would give them access, but they can't use the gate if they get drunk and lose keys!

seradane

Soot2006 said:

Fit a large gate spring so he can't leave the gate open.

You can't block off a right of way.

This is the answer right here

princeofpounds

You are interfering with a right of way. If they want, they can take you to court. They will win, and you will have to pay costs and comply with an injunction to open the right of way again. (Obviously if you are at all sensible, it wouldn't get that far). It does not matter that the right of way was previously blocked up for many years - this is a not a way that it can be legally extinguished.

You can try leaving it shut for now, which is a bit naughty. But if they or their landlord presses you to open it, you really should.

If you want to secure your garden, you will need to either fit a spring as Soot2006 suggests, and/or place a barrier that separates the ROW from the rest of your garden (and no, you can't make it unusably narrow - that is also interference). That is your responsibility, not theirs.

So yeah, you broadly have to lump it, but you should be able to live with it fine with some adjustment. This is not an uncommon situation.

Davesnave

Rights of way don't die just because people don't use them or agree not to.There has to be a legal process, which hardly ever happens.

You are preventing others exercising their rights when there are other means of securing your garden.

bouicca21

Check the gate is closed before letting the dogs out?

Rambosmum

Big gate spring AND a padlock to which they have a key. Say there have been burglaries recently or something if they ask why. If they have to unlock a padlock, they are less likely to use the access. A gate spring will reduce the risk of it remaining open if they forget to relock it. 

AdrianC

Rather than a padlock, just a yale type lock (to which they have a key).

The spring closes it, the lock locks it. He can't get in without a key, he can with. He'll quickly remember to take a key... in which case, it might as well be the front door, because it's easier.