Right of way

Katefuggle

My neighbours have right of way across my yard. Between my house and my garden. There have been gates between the two houses and the road they wish to access from the rear of their property for years. I have a small gate on my yard to keep dog in. Following an intruder recently I wish to put a lock on exterior gate and give neighbours the key. They have absolutely refused permission for this. I have offered to only lock gate in the evening. I wish to make my home and garden more secure. 

Mojisola

Katefuggle said:

My neighbours have right of way across my yard. Between my house and my garden. There have been gates between the two houses and the road they wish to access from the rear of their property for years. I have a small gate on my yard to keep dog in. Following an intruder recently I wish to put a lock on exterior gate and give neighbours the key. They have absolutely refused permission for this. I have offered to only lock gate in the evening. I wish to make my home and garden more secure. 

The most common ROW will give your neighbours - and anyone who wants to get to their property - the right to access your garden to do so.  It's worth checking whether the ROW has any restrictions - check both yours and your neighbour's deeds.

If there are no restrictions, you have to leave access available for them.

Bradden

Surely they are not preventing access if they are providing the neighbouir a key?

The_Unready

If it's just your neighbours that have the RoW then I would suggest that what you're proposing is very reasonable and your neighbours will not have a power of veto over it as you're still maintaining their access.

However, as the earlier poster mentioned, check your deeds to see if anybody else also has that RoW.

Section62

Katefuggle said:

My neighbours have right of way across my yard. Between my house and my garden. There have been gates between the two houses and the road they wish to access from the rear of their property for years. I have a small gate on my yard to keep dog in. Following an intruder recently I wish to put a lock on exterior gate and give neighbours the key. They have absolutely refused permission for this. I have offered to only lock gate in the evening. I wish to make my home and garden more secure. 

Do you think you may be able to get them to agree to have the RoW moved to the far end of the garden so you can have a fence between the RoW and your house?  You'd also then have a more private yard/garden.

It would involve some cost for putting up the new fence and moving the gates, and you should make the necessary 'legal' changes.  But the benefits may still make it worth doing.

Mistral001

You have decided to change the access arrangements.  It does not matter what reason you have for doing that, if they are not happy with the new arrangements, then I cannot see how you can impose your will on them in this regard.

Spiderroo

Katefuggle said:

My neighbours have right of way across my yard. Between my house and my garden. There have been gates between the two houses and the road they wish to access from the rear of their property for years. I have a small gate on my yard to keep dog in. Following an intruder recently I wish to put a lock on exterior gate and give neighbours the key. They have absolutely refused permission for this. I have offered to only lock gate in the evening. I wish to make my home and garden more secure. 

Why don’t you get a full size gate on your yard? Your house is secure at least then and any intruder will see that and walk along to your neighbour’s house which is unsecured to try their luck there. 

The_Unready

Mistral001 said:

You have decided to change the access arrangements.  It does not matter what reason you have for doing that, if they are not happy with the new arrangements, then I cannot see how you can impose your will on them in this regard.

I doubt very much that the relevant sections in the deeds discuss the details of precisely how the access is to be provided, or whether that method can be revised.

Instead, it will just state that such access is to be provided at all times (or whatever). If it mentions whether or not a key is used to enable that access I'll eat my hat!

Bendy_House

Hi Kate.

Do you have LP on your house insurance? If so, call them up for guidance (NOT 'action'!)

I think there is every chance that, provided you give everyone who has a RoW a key, what you are proposing is reasonable.

Any idea why they object to this idea?

Of course, if your neighb is an 'ole, they could simply leave the gate unlocked every time...

Sounds like an unfortunate setup - they have the RoW close to your house, with your garden beyond this? Test the water with S62's suggestion.

Bradden

Looking at it another way .. what could the neighbours do to enforce thier ROW?

e.g. If the homeowner padlocks the gate and does not give them a key but informs them that they will unlock the gate anytime they need access what could they actually do?
 I doub't it's a police matter which would leave the courts and asscoiated costs.Before it got to court the owner could back down and we'd be back where started but no worse.

I'm not suggesting this course of action but what could the neighbouirs do- short of removing the padlock which could be classed as criminal damage?

GDB2222

I think that the neighbours are being unreasonable, and I would try persuading them. "Let’s try it for a week, and if it’s a nuisance I will remove the lock." 

If it came to a legal case, I think that you might well win, but frankly it’s not worth going to court.  There must be alternatives, eg CCTV and lighting, that would be vastly cheaper than a legal battle.

This link gives an idea of the law. 

https://becket-chambers.co.uk/2018/07/30/rights-of-way-an-open-and-shut-case/