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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 791
Experience:  Solicitor with over 15 years experience.
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Hi, I wonder if you can help. My neighbour has access across

Resolved Question:

Hi, I wonder if you can help. My neighbour has access across my land by way of a trackway which leads to his house. Our land takes the form of a hedged garden and fields where our dogs roam happily. My neighbour stopped me last week to tell me he nearly hit my smaller dog which had been on my premises.

I have already installed signs warning traffic (obviously just him and any delivery services related to his property) to drive slowly and be aware of dogs and children but what would happen if he or a delivery driver actually hit my dog?

It is worth noting also that I tried to install an electric gate at the entrance of the property but it broke following being tampered with and is currently out of action. When I suggested to the neighbour that my intenetion was to reinstall the gate he became abusive and started to shout 'you can't restrict my access, I'll get my barrister on to you'. Obviously by having an electric gate with a sensor I would not be restricting his access, only protecting my property.

Your advice is kindly welcomed, thank you.
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello. I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Your neighbour appears to have an easement across your land. Is his right of way restricted to a particular track and is it for access to his property? Are the delivery drivers going to his property and what sort of deliveries are we talking about? Re: the electric gate is there a problem with other people accessing your land?

Customer:

Hi, sorry to take a while to reply, I have been working.

Customer:

As you rightly imply, the neighbour has an easement over my land by way of a trackway. He has a gate at the entrance to his property. The trackway leads from the public highway and is approx 300m long, passing beside my garden, fields, stables and outbuildings. The trackway bisects my land. Where the trackway leads off from the public highway there is a gate which is never closed. I installed a further gate 30m from the entrance which was opened via an electric button but this gate ceased working and upon investigation it was discovered to have been tampered with.

Customer:

The reason for the electric gate being installed was to protect my property, horses, outbuildings and contents. The delivery drivers in question are the postman and other deliveries, such as mail order parcels delivered by other means other than Royal Mail. The neighbour has to take his trash to the bottom of the drive and leave it on the verge of the highway, so the track is not accessed by refuse collectors.

LondonlawyerJ :

I can not think of any reason why you can not lawfully install an electric gate in the way you have suggested as long as it does not restrict access. You will need to make sure that your neighbour has a bleeper and knows the security numbers if that is the type of gate it is. If it is a gate that automatically opens when approached then there is no legal issue at all. It is no different in principal to putting an orthodox gate there and giving him a key.

Customer:

thanks for the reply. We have already been down this route, and encountered a few problems with the gate not working properly, and then on closer inspection it was found to have been tampered with. He is a very difficult man.

Customer:

Can you advise on what my situation would be if he or a delivery driver ran over my dog, please, thank you.

LondonlawyerJ :

That would depend on how it happened. You have put up warning signs and they are all on notice about the dog. If carelessness, excessive speed etc were involved then the driver would be responsible.

LondonlawyerJ :

If he has damaged the gate he has committed criminal damage but I appreciate that you may not want to involve the police.

Customer:

Thank you. Are you able to advise on the exact wording of my signs so there is no cause for confusion.

Customer:

My neighbour is extremely difficult and aggressive and I want to make my position perfectly clear. In addition, with regard to the gate and emergency access, can you tell me if he can rightly tell me that I can't have an electric gate? I have no desire to give him a remote control for the gate.

LondonlawyerJ :

Any sign cleraly displayed and warning that dogs and or other animals are to be found in the field will be sufficient.

LondonlawyerJ :

In terms of the gate. He cannot stop you having an electric gate but you must allow him unfettered access to the track. It must be possible for him to be able to open that gate. Unless you have an infallible motion sensitive gate this will require giving him the codes and bleeper or similar. No doubt your neighbour will look for opportunities to damage the gate (eg if it fails to open when he approaches it he will no doubt force it open).

LondonlawyerJ :

I would be grateful if you would please rate my answer as I will not be paid for answering questions unless you do so.

Customer:

oh, sorry, I did not realise.

Customer:

It seems that if I rate your answer I am choosing to exit the conversation........I will happily give you a good rating but before I do so, can you please confirm that if I have an electric gate with a sensor or push button opener I am not 'restricting his access' as he keeps putting it. Going back to the sign, can I word it like this: Beware. Private property. Dogs loose. please drive very slowly with extreme caution.

LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 791
Experience: Solicitor with over 15 years experience.
LondonlawyerJ and 5 other Law Specialists are ready to help you
Expert:  LondonlawyerJ replied 2 years ago.
You will not be exiting the conversation when you rate my answer and I will continue to answer further questions. As far as these questions are concerned.

1 You will not be restricting his access as long as he can gain access easily.

2 That wording seems good.

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