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deluxegirl | 12:32 Thu 23rd Apr 2009 | Property
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my neighbour has access rights down the side passage of my house this not a problem but i want to know if i am within my rights to put a locked gate at the begining of my garden the neighbour would have to come through this to get to their garden . i would give the neighbour a key to gate. i would also like to know can i insisted the gate be kept locked.
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Discuss this with your neighbour and see what they say.
Also consider whether or not this would affect access to the rear of the properties if there was a fire and the fire brigade had to get round the back.
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my neighbour is not very keen but i have two very young children plus i childmind other children. so i do need to keep the children out of the the side passage which leads to some very steep steps and then on to a busy road.
we also have a small dog.
about the fire issue my neighbour keeps her gate locked.
I think you have a valid reason for this request. If a fire engine ever did turn up they would just remove the padlock forcibly anyway!
You could say that as a child minder it is your responsibility to ensure the childrens safety and that some parents have asked you to keep the gate locked from now on...
I assume the side passage is on your property? If so, your neighbour cannot do anything about you putting a gate there provided it still allows her access. Her rights extend to access only.

I think under the circumstances she is unreasonable in objecting, you have a right to secure the safety of your children and pets.

How about looking at alternative methods of locking? A padlock can be cumbersome to undo and you have to remember the key, maybe it's the inconvenience that's bothering her.

How about a Yale lock?

http://www.hardware-ironmongers.com/details.as px?code=8020459

or a digital lock?

http://www.discountlocks.co.uk/Digital-Locks-K ey-Coded-Digital-Door-Locks-s/48.htm

I think you need to find out whether it's a right of way or not. If it is a right of way then you can't block it with a gate, even if you give a key to the neighbour. If there is nothing about right of way in your deeds then you can do as you wish.
Question Author
my deeds say "TOGETHER WITH the joint use of the passage between the said property and the adjoining property TOGETHER ALSO WITH the benefit of the SUBJECT TO all rights of drainage and other easements affecting the same".
It would depend on if there is a clause of for 'any purpose' in there.

It is not unreasonable to want security but it has to be wieghed against for any purpose by any (invited) caller to the other property. OR is it simply access for your neighbour to get to their back garden and not an accessway to their front door.

Can you look at the gate/fence you have and put one up between your fence and the house wall your side rather than blocking an end off? She has a get?? can't you make one the same?

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