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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11277
Experience:  30 years as a practising solicitor.
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When we bought our property the sellers reserved a right of

Customer Question

When we bought our property the sellers reserved a right of access over the new driveway we put in, and a right to construct a gateway as a means of access to their property. Although there is a gate at this point, it is rarely shut. This is causing us stress as we have livestock which, when both their gateways are left open, means that our animals could get on to the main road if they escaped from a field here. Should they be keeping their gate shut?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The right to construct a gate does not confer an obligation on them to keep the gate shut. Indeed, the right to construct a gateway doesn't not impose an obligation to do so.
Unfortunately you can't force them to keep the gate shut by virtue of what you have narrated as regards ***** ***** rights.
You may have other rights under the law of tort or nuisance. In the event that loss, injury or damage was caused as a result of the gate being left open, that would be actionable, particularly if you have asked them to keep the gate shut.
I hope that this helps. A warning letter from your solicitor in appropriate terms may be the way forward here. If they are put on notice that you will hold them liable for any loss, injury and damage, they may just change their stance on this.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

That puts things in perspective ,but now feel I have no alternative but to move. Have thought of putting another set of gates in to block the entrance when it is open, but guess I would then be causing nuisance to her. Thank you

Expert:  JGM replied 2 years ago.
There's nothong to stop you putting a gate on your own ground.

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