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Shared access lockable?

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LaLa1705 | 17:23 Wed 13th Sep 2006 | Law
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Hi does anybody know for sure if I can put a lock on my gate and give neighbours a key?The neighbours have access to their back doors through my driveway and back garden.Recently my next door neighbours have told all their visitors,workmen etc to use their back door, this means I have strangers walking though my garden regularly, do I have any rights to enhance my security?Are the neighbours responsible for their visitors when they cross my property, ie shouldn't they escort them?I thought the access was for householders only, not their visitors too.All I'm asking for is my right to privacy and security in my own home, if I lock the access gate and give the householders keys then am I obstructing their access in any way?Thanks for any info
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i would think if you explained your worries to them and gave them all a key then you are quite within your rights.
you need to check your title deeds to see if your neighbour has any access rights over your property. these will be contained in any burdens within the deeds. if there are none then they have no rights to cross your land
you need to check your title deeds to see if your neighbour has any access rights over your property. these will be contained in any burdens within the deeds. if there are none then they have no rights to cross your land and you can do whatever you want to restrict their and anyone elses access.
If you own your home you may not have your title deeds as they will probably be stored by the solicitors who did the conveyancing or your lender if you had a charge over the property.

When did you buy it? if recently then your soicitors may have sent you a copy of the Completion of Registration document (sent to them by the Land Registry). if not they may be able to send you a copy depending on their archive system.

You could also check what they sent you when you bought as they may have sent you copies of title documents which could contain the relevant info. if your property is subj to a right of way you should have been advised.

Otherwise if you click here...http://www.landregisteronline.gov.uk/ and put in your neighbour's housename and postcode (www.royalmail.com) you can get a copy of their title register if the property is registered at the Land Registry. The info may be on there or there may be reference to rights of way and reference to a document eg 1999 conveyance/lease/transfer/deed. You can also obtain a copy of that document. There are fees but they're not much.

The right of way, if any, may be qualified eg on foot only or on reasonable notice, that they should contribute on the upkeep etc... They may be able to authorise others to use it but it should be reasonable.

Copies of the title plans are also useful as often the extent of the land which is subject to the right of way is coloured on it.

If you can't find any written evidence on a right of way take care as there may not be one and they may have accrued what are called prescriptive rights which can come into existence and sometimes be enforced when something has been done for a significant period of time.

Even if they have not accrued a right yet they may be on their way to doing so especially with you letting them.
If there is no evidence of any right then take all the docs and info you have to the CAB (http://www.citizensadvice.org.uk) or a property lawyer (www.citizensadvice.org.uk).

Otherwise I'd suggest talking to them and explaining your worries and seeing if you can come to some kind of practical arrangement. If they have a key to the gate and a front door their workmen and visitors can use for most access it could be reasonable to restrict their use to when they have to use it and ask them to give you reasonable notice if, for example, tradesmen are to use it.

Hope this helps, I'll try and keep and eye on the thread in case you have anymore questions, otherwise you could post a new one.
As said in the previous replies this comes down to whether there's a right of way across your land. From the way you describe it there is. If you find there is then I believe you cannot obstruct it or have locked gates etc.

The first step is to check your deeds. We got copies of these when we bought our property (which has a right of way to our neighbours property across it) and they show which are the rights of way and which is private etc. I'd be very surprised if a right of way wasnt pointed out to you by your solicitors during the purchase.

As advised above, I'd also talk to your neighbours about your concerns.

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