Right of way

[Grassman]

You have the right of way along a track to a field.
Is it ok for the owner of the track to put a lock on the gate but not give you a key and expect you to contact them to open the lock when you need access?

 

[Doing it for the kids]

I would say noirs not ok.

conbination lock works best

 

[PhilipB]

You have the right of way along a track to a field.
Is it ok for the owner of the track to put a lock on the gate but not give you a key and expect you to contact them to open the lock when you need access?

No, because your rights are now being (probably) constrained by when it is convenient for him to open the lock

Ring him a few times at 2am to exercise your right of access.

 

[ISCO]

He can put the gate across and lock it but you should also have a key.

 

[Andy26]

You have the right of way along a track to a field.
Is it ok for the owner of the track to put a lock on the gate but not give you a key and expect you to contact them to open the lock when you need access?

Cut the chain and insert your own lock into the chain. Utility companies do it, WPD needed to use a couple of my gates in the middle of the night, they cut the chain and put their own lock into it, quite courteous I thought!

 

[Kidds]

Cut the chain and join it together with your own lock, that way you both have access as and when.
If he is being an arsehole just cut the chain.

 

[Kidds]

Andy beat me to it

 

[serf]

Ditto

 

[Agrivator]

You have the right of way along a track to a field.
Is it ok for the owner of the track to put a lock on the gate but not give you a key and expect you to contact them to open the lock when you need access?

How many other folk have a right of way?

 

[Ffermer Bach]

My solicitor told me, my neighbour had the right to put two gates on his yard (I had to cross his yard to have access to the farm) and expect them to be shut after I went through them, and that would not be considered a nuisance, however I believe, locking without giving you a key is interfering with your right of way, letter needed (with proof of delivery - signed for I think), then, ask him to remove it, then just cut the chain, I think you need the letter, so if he calls the police for criminal damage to his property, you have proof to show them that it is a civil matter and they will be happy to not get involved.

I will add, my neighbour was a great neighbour, I was wondering if he sold to the wrong person what the implications could be for me.

 

[idgni]

NO, they can put a gate on but they cannot lock it unless you agree,
you can not just remove the lock by cutting it, you need to get a solicitor to instruct them to remove it or go to court,
They can close the gate but not make an hinderance to you by closing it, i.e if cutting silage they cannot close it after every load
they also cannot make you have to close it behind you
I've been there and got the T-Shirt!!!

 

[Robt]

as said, a few phone calls or knocks on their door at 2 am will sort out the issue .

 

[TheTallGuy]

None of the above is correct... It all depends on what is written in the agreement that created the right of way or is covered in the deeds.

 

[jd6420s]

A lock on a gate will usually be unlawful interference with a right of way. Even if they provide you with a key you have to think about other users (contractors) gaining access to the field.
You will need to check your deeds to make sure he cannot lock any gates. But it will probably state access at all times and for all purposes.
Do you know if the gates were there when the right of way was created?

 

[Grassman]

How many other folk have a right of way?

Just myself as tenant. It used to be the only access to a field but for my convenience we created another entrance through another field.
The track is alongside a new house being constructed where a farmhouse and buildings have been demolished.
The new owner paid around 1 million for it. He doesn't like the idea of the track being used but my landlord wants the right of any using.
Also there is a footpath along the track.

 

[Grassman]

None of the above is correct... It all depends on what is written in the agreement that created the right of way or is covered in the deeds.

I have no idea what is on the deeds. However it is clearly marked on maps.
It's my landlords problem really. I'm just going to be the one having to use it

 

[jd6420s]

I'd probably make sure the landlord knows about the locks if he doesn't already.
If he wants you to use it on a regular basis then he should get those locks removed. The right of way running alongside the house will reduce the value of that property. Your landlord will be in a good position to get a release fee to relinquish the right of way if you use it all the time.

 

[Grassman]

I'd probably make sure the landlord knows about the locks if he doesn't already.
If he wants you to use it on a regular basis then he should get those locks removed. The right of way running alongside the house will reduce the value of that property. Your landlord will be in a good position to get a release fee to relinquish the right of way if you use it all the time.

Ah he knows alright.
He drove past the property and saw a very large heap of excavation material dumped on the track. Rang me to see what was going on. I had kept out of it knowing there would be issues.
Recently we had to pay a farmer about £50k to give up his right of way through similar property as it was very difficult to sell with it there. Not been used for 30 years but always the possibility of it being reused to cart slurry daily

 

[jd6420s]

Looks like there is going to be fun and games ahead. It would be best if the landlord took some action now. Do you know if he wants to get a payment for giving up the right of way?

 

[Grassman]

Looks like there is going to be fun and games ahead. It would be best if the landlord took some action now. Do you know if he wants to get a payment for giving up the right of way?

I think he just wants to keep the way in to the field as it is for future selling if he decides to go down that route. However a 50k lump sum may be attractive