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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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ON MY HOUSE DEEDS THE FREEHOLDER OF THE PASSAGES ON THIS ESTATE

Resolved Question:

ON MY HOUSE DEEDS THE FREEHOLDER OF THE PASSAGES ON THIS ESTATE GRANTED RIGHT OF WAY OVER ALL ROADS,PAVEMENTS,FOOTPATHS AND PASSAGES WITHIN THE ESTATE. SOME HOUSEHOLDERS WANT TO GATE PART OF THE PASSAGE BEHIND MY PROPERTY WHICH WILL RESTRICT NY FREREDOM TO USE IT AS A SHORT CUT CAN THEY DO THIS ? I AM 78 YRS OLD
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

If a person does have a right of way, whether it be for vehicular or pedestrian access over a roadway or path, the mere erection of a gate on such a roadway or path is not deemed to infringe this right, provided the person is able to open the gate (ie it remains unlocked or the party is given a key for any lock attached to the gate).

Therefore, I am afraid that you are not legally entitled to prevent a gate being put up, provided you are able to open it.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

If I have answered your question, I would be grateful if you could rate my answer.

Kind Regards

Al

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