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Hi, thanks for your enquiry.
Could you please confirm that the whole of the accessway belongs to you and that the land on which your neighbour intends to put the gates is on your land (as opposed to both of you owning half the access each)?
I will be off line on and off this morning so please bear with me with replying to you. Thanks Al
This situation with electronic gates is not at all uncommon. The situation is that if there is a right of way, then before the right-of-way is deemed to be obstructed that the obstruction must be “substantial”. What is substantial is a matter of fact. If this right-of-way was only used by you and you had the code, then it’s not likely to be a substantial interference. However, if this is access to your property which people use all the time and it would inconvenience visitors and deliveries et cetera, then this is likely to indeed be a substantial obstruction. The problem is of course but ultimately, you cannot beat the neighbour with a blunt instrument until he stops installing these gates and your only remedy is to take him to court for an injunction to prevent him and his remedy is to defend that or to apply to court for a determination as to the legality of the installation of the gates and whether it does indeed create a substantial obstruction or not.
In my opinion, the fact that you can see the gates is not relevant.
.Can I clarify anything else for you? I’m happy to answer any specific points arising from this.
I’m happy to answer any specific points arising from this.
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If you still need any point clarifying, I will still reply because the thread does not close.