Where do I stand regarding right of way

Catpuss66

I am a homeowner live in a small row of Georgian terraces which have a right of way between each of the houses, the fence on the right hand side is got a massive hole in I have had to put chicken wire up when I got a rescue puppy that was last year. I get on very well with the tenants & regularly pet sit for them. I have been trying to get in touch with the landlord via them to replace this fence not only is it unsightly it is unsafe, they would not give me contact details. Anyway I put a bike lock on the gate at the request of the rescue the tenants choose the code. Anyway had a nasty note through my door saying I am impeding her tenants, access. I showed them the note they said there was a misunderstanding & clarified with the landlord. The landlord has just turned up demanding to see the fence, took about 15 mins not sure what was taking so long. Anyway she now says she is going to replace the gate aswell as she does not want a lock on. Their garden is open at the bottom anyone can walk into their garden worry about dog thefts someone leaving the gate open & the dog getting out. Any advice am I allowed to secure the gate that gives access to my property? 

Alter_ego

You cannot lock off a right of way without full agreement of all those who benefit from the right of way

Catpuss66

Alter_ego said:

You cannot lock off a right of way without full agreement of all those who benefit from the right of way

So would that mean the landlord or tenants ?

Alter_ego

Probably both, and visitors

Catpuss66

What visitors have right of way? I understand deliveries, so they can allow anyone into my garden?

aliby21

Who is the dominant and who the servient owner of the right of way? Do you own the alley and the neighbours have right of way or vice versa?  What is it a right of way for - access, on foot, by vehicle?  Who owns the gate?  Generally the test is is the action of the servient owner causing a substantial interference to the dominant owner's exercise of their right.  Putting a locked gate would not be considered a substantial interference as long as the dominant owner is given a key/the code (this is from my solicitor, having had recent RoW issues).  However if it is not your gate (if you are not the servient owner) then you do not have a right to put a lock on it.  You can however find other means to secure your property.  I found an electric fence worked well 

user1977

Catpuss66 said:

What visitors have right of way?

If your neighbour has right of way, any visitors to their property they like (unless there's a more specific restriction in the deeds about only for maintenance / bins / fire escape etc).

Catpuss66

aliby21 said:

Who is the dominant and who the servient owner of the right of way? Do you own the alley and the neighbours have right of way or vice versa?  What is it a right of way for - access, on foot, by vehicle?  Who owns the gate?  Generally the test is is the action of the servient owner causing a substantial interference to the dominant owner's exercise of their right.  Putting a locked gate would not be considered a substantial interference as long as the dominant owner is given a key/the code (this is from my solicitor, having had recent RoW issues).  However if it is not your gate (if you are not the servient owner) then you do not have a right to put a lock on it.  You can however find other means to secure your property.  I found an electric fence worked well 

Not sure who is dominant just been through the deeds the deeds go back to 1925. only way out onto the rd from the right hand end of terrace is through 3 gardens & down the side of the other left end terrace. I am the 2nd mid terrace Permission was gained before I got my puppy by all neighbours, the lock a bicycle lock I allowed my next door neighbour ( the one on the right end not there much ) to choose the code then shared to code on both gates. ( this was requested by the rescue from which I had my puppy from) Because I have asked for 4 panels of fence that have been up over 30 yrs( I can see their garden through the fence) she now wants a large wooden door to take off the lock even though they have access with the lock in situ . Landlord causing bad feeling between neighbours I cannot contact them directly I have to go through their tenants which is unfair.

martindow

I'm sorry, but you seem to be demanding all sorts of things from your neighbours as you have decided to get a puppy.  Maybe it would be best to keep the dog in the house and take it out for walks on a lead. 

Catpuss66

user1977 said:

Catpuss66 said:

What visitors have right of way?

If your neighbour has right of way, any visitors to their property they like (unless there's a more specific restriction in the deeds about only for maintenance / bins / fire escape etc).

The house was built in 1820”s think it only became freehold in the 1920”s they gained land over the years they even tried to change the right of way but we back onto a church found it impossible to change this. Think some of the neighbours agreed then had a change of heart. Asked my neighbour who recently bought to see if her deeds are more specific 

Slinky

Where is the right of way? Immediately outside the house or bottom of the garden? If it's at the bottom of the garden you could fence off your garden and put a gate out into the ROW section