Right of way

Norman_Castle

Who owns the gate? If its yours you don't need their permission to do this if you provide them with the means to unlock the gate.

TELLIT01

If the neighbour, and their visitors, have right of access then it should not be obstructed in any way.  The best way to resolve the situation would be to get agreement to move the right of way part way down the garden, or to the end if the garden is small.  I know of a situation very similar to this, where the person who wanted to change the location of the right of way simply made the change and then tried to enforce it.  They ended up in court and lost.  That was in Scotland so I don't know if different rules apply.

Katefuggle

The_Unready said:

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.  

ROW is for anyone they give permission to. Ie. All their friends family window cleaners etc. and they all use it. They rarely use front door. When I moved here 30 years ago I presumed it would only been for bins and essentials work men. Until now I’ve never complained to keep the peace but following intruder and increasing drug problem in local area would like the lock. I you sure they can’t take me to court. Also neighbour disputes can show up if you want to sell unlikely to sell as I can’t afford anywhere else. 

They contacted my joiner telling him it was a shared gate as they paid for half and he was not to put lock on. I’m considering putting new gate up and returning their half of the gate. 

Section62 said:

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.

Section62 said:

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.

I would love to do this. It would mean they would have to walk the length of their garden and install steps and a gate to access side road. Their garden in L shaped so runs behind mine. As they consider me totally unreasonable I can’t see them going for this option even if I offered to pay for steps and a gate. 

rach_k

Could they be worried about losing the key, or the hassle of forgetting to bring it with them each time?  You could offer some kind of combination lock instead, and then it could easily be shared with anybody else who needs access (and changed afterwards).  

The_Unready

Op - are you able to quote the section from your deeds (and from the neighbour's deeds) which describes the RoW?

Katefuggle

The land is subject to the following rights reserved by a conveyance of the land in this title dated 12 October 1929 except and reserving onto the vendor or other the owner or owners for the time being of the adjoining premises of the vendor at 3:03 Park Lane aforesaid and his and their tenants and all persons authorised by him or them are right on foot only a passing and re-passing over and along the passage coloured yellow on the said plan.  

This is what is written in my deeds dated July 1988 I do not have access to my neighbours deeds. 

Thanks 

Katefuggle

I have offered a combination lock. Total refusal. Offered only to lock at night. I am now using a piece of wood to jam the gate at night 

Brie

Right of way or not - a locked gate isn't going to keep a burglar out.  I know this from personal experience.  The burglar came right over the fence into ours, over the fence into the next door's garden but didn't go into their house due to big dog, so went over the next fence and raided the place there.  All locked gardens with spikes on the gates at the front so initially accessed via someone's garden to the back of our properties.

Katefuggle

Might be a deterrent. I have a dog that sounds like a big dog. 

Norman_Castle

Katefuggle said:

 I am now using a piece of wood to jam the gate at night 

What have they said about that?

Again, who owns the gate?