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Shared Access Side Gate

I have just moved into a new property which has a communal garden.
At the side of the property is a side gate with a lock on it.
when I moved in a few weeks ago the gate has been open as everyone including the public keep walking through my garden to access the main road. The other issue is that the path walks across my living room window so people can see in, and people keep walking across the grass. The gardens are very well maintained by the management company and look great.
I contacted the management company and asked if the gate could be locked. They have said the gate should always be locked and is only used by the gardeners to cut the grass. So in theory it is not a right of way for anyone. They have said they will lock the gate so no one can walk across the gardens.
I am just worried could my other neighbours complain about the side gate being locked. They have been use it to access the bin store, the property has been empty for 11 months until I moved in.But they can get to the bin’s another way which is 200 yards.
would I have any come back from them ?

Comments

  • user1977
    user1977 Posts: 17,284 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    I'm not sure how anybody here can tell - why not just wait and see?
  • housebuyer143
    housebuyer143 Posts: 4,148 Forumite
    1,000 Posts Third Anniversary Name Dropper
    If they have access but with a code then I can't see how that is going to upset them too much. They might not even know it was you who asked for this. 
    200 yards is a trek though to a bin store so they might not be pleased tbh but hopefully they just accept it. Or you can give them the code?

     I imagine you want something to close the gate automatically and it auto locks otherwise it will just be left open as it is now. 

  • FlorayG
    FlorayG Posts: 2,029 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    Look at your deeds and plan on the Land registry. It will say clearly on those if there is a Right Of Access. If there is not then the gate can be locked. It would be strange for a new build to have an access path right next to your window - all the ones local to me have the access at the far end of the garden
  • WIAWSNB
    WIAWSNB Posts: 185 Forumite
    100 Posts Name Dropper
    Alesisman said:
    I have just moved into a new property which has a communal garden.
    At the side of the property is a side gate with a lock on it.
    when I moved in a few weeks ago the gate has been open as everyone including the public keep walking through my garden to access the main road. The other issue is that the path walks across my living room window so people can see in, and people keep walking across the grass. The gardens are very well maintained by the management company and look great.
    I contacted the management company and asked if the gate could be locked. They have said the gate should always be locked and is only used by the gardeners to cut the grass. So in theory it is not a right of way for anyone. They have said they will lock the gate so no one can walk across the gardens.
    I am just worried could my other neighbours complain about the side gate being locked. They have been use it to access the bin store, the property has been empty for 11 months until I moved in.But they can get to the bin’s another way which is 200 yards.
    would I have any come back from them ?
    Hi.
    Could you clarify the bits in bold above, please?

  • MeteredOut
    MeteredOut Posts: 2,762 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 25 April at 12:34PM
    A rough map showing the properties, garden, gate, bin-store and road would be useful (even hand-drawn).

    As above, your deeds will tell you exactly what rights your neighbours and the public have. Can you neighbours access the communal garden without going through this gate? If not, I'd guess the deeds will provide that access for them via the gate.
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