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Right of way problems can you help!!!!!

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elliott31 | 18:20 Wed 17th Dec 2008 | Home & Garden
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Our neighbours have right of way through our back garden,we have a gate which we let them open (which they have a key) in the morning as long as they close it in the evening. but they say they are not going to close it and want it opened at all times my question is do we have too leave it open or can we shut it (lock it)

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can they still access their house if you lock the gate?
Question Author
they say that it is a waste of time opening and locking it i want it locked for security reasons and yes they have access via there front door
Is this a legal Right of way on the title(s) or a private arrangement? Is this a situation where a house has been built at the back of another one? It may be that you and your neighbour both own half of the right of way and have a cross lease over the ROW.
I'd find out the legalities first or else if you lock it you may find yourself in trouble.
Question Author
they do have right of way across our backgarden to take the bins out etc
i want to know weather i can lock the gate as long as they have a key(which they do) you see they say it is a pain opening and shuting the gate but i work nights and the wife is at home on her own so its piece of mind,do you understand? if it carries on i will just go around and stick one on him. because he is ******* me off.
Unfortunately that would not be a good idea.
You cannot deny him access or he could take you to court.
Your idea is eminently sensible but you would have to persuade him so.
The only other alternative is to create a 'closed lane' with fencing for him between the public highway and his gate, through your garden, which prevents others (and him) coming further into your garden. Rather beaks up your plot though.
This is much the same problem as a farmer trying to persuade ramblers to close the gate behind them - farmers can't deny the access either.
I know how you feel, my neighbour made a fuss over me locking the gate, fire hazard was her excuse. None of the others objected. I have a yale lock on the inside so its not a fire hazard at all. Later because it was left open a robbery occured outside my garden. She had private long fencing and a private gate so she was alright. I would go out every single night and make sure it was locked properly. I have done this for 7 years. You could try to offer discussions on the yale lock option but I doubt it would work. Seems like difficult neighbours to me.
0r better if they had something happen to their property or garden through the back entrance I am sure they would think twice. I know I am bad (lol). O.k don't listen to me I will only get you in trouble. I meant someone else do it. don't rise to it yourself this is exactly what they want.
You could offer to take there bins out once a fortnight, but I dont think you should. You can't win with this type of people. I would prefer to move but maybe thats what they want.

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