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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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I live at the bottom of a steep hill accessible by a shared

Customer Question

I live at the bottom of a steep hill accessible by a shared track. When there is no livestock at the top we leave a gate open. The gate is 2/3 of the way up the hill and near to my neighbours house. Recently every time I leave it open they come out and close it. Last night I came home to it shut and so left it open. My neighbours partner came out and started shouting and swearing at myself , my elderly mother and my son. She has also threatened us if we continue leaving it open. When it snows or is icey there is no way we can get up the hill if we have to stop. We have lived her for over 28years. What should I do? I'm worried what she will do to my mother and son if I'm at work on shifts.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

Did you report this to the police? In what way did she threaten you?

Have there been other incidents or is this isolated?

Who owns the gate and who owns the track?
Customer: replied 2 years ago.

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.

Expert:  Jo C. replied 2 years ago.

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.

Can I clarify anything else for you
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks. Sheep are back so gate closed for moment. We'll see what happens if and it snows

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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