I have logged it with the police but have not requested any action at this time.Her partner who has lived up there for years probably owns the gate and part of the track and I own the lower part. He always left the gate open when there were no sheep in the top. He is terminally ill and she is looking after him. She accused me of leaving it open to upset him but I haven't, we have always left it open when the field was empty or snow and ice forecast.It was left open during the summer with no problems. She threatened us verbally and thrust a pointed finger in our faces. She said we would be sorry if we carried on with this.I just cannot believe all this aggression over leaving a gate open that is not keeping anything in. A local farming family also use the track to access fields next to my house also will leave the gate open as does the postman. Since she has moved in she has had my neighbour planting trees all around their field borders and have put netting up down the side of the track.
They cannot actually make you close the gate and if their remedy for this is to put a lock on it, that is a substantial obstruction to your right-of-way and you can make them remove it. If however there is livestock held him by the gate and it escapes and gets killed or injured then you would be responsible in negligence for any loss.
If you feel threatened or intimidated or harassed by the neighbour, that is a matter for the police and I think that by saying that if this continues you will be sorry, you have sufficient to report this matter to the police now. The police have a duty to prevent you being harassed and that duty arises under the Protection from Harassment Act. The culprit only has to do something on two occasions which is either intended to harass you or an outsider would think was intended to harass you or even if it wasn’t intended, if the unintentional actions looked like harassment.
Thanks. Sheep are back so gate closed for moment. We'll see what happens if and it snows