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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10593
Experience:  Barrister 17 years experience
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Eight owners in two private blocks, six in one block two in

Resolved Question:

Eight owners in two private blocks, six in one block two in another have communal garden and curtilage. This is being used by some members of the public as a shortcut to an estate, all owners, with the exception of one wanted to apply a combination lock to the gated entrance to our garden.
Can we go ahead without the final owners permission, as we feel we have a right to protect our property from damage, noise and abuse from alcohol filled revellers who take advantage of this shortcut in the late evening.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Yes, you can go ahead here and put a combination lock on the gated entrance, as the law does not require unanimity in these situations. It merely requires you to ensure this final owner has the combination and is able to access and egress from the entrance. So long as you don't infringe upon their means of access the communal garden & curtilage, the law imposes no additional burden upon you.
Expert:  Buachaill replied 1 year ago.
2. What the law requires is that you preserve this other owner's ability to access the garden & curtilage. It does not require that there be unanimity before you put a lock (or combination) upon the gate. Additionally where some third party is infringing your rights to enjoy your garden, you have a right in law to protect that access. So putting a combination on the gated entrance is perfectly permissible.
Expert:  Buachaill replied 1 year ago.
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