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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10635
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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If I have a right of way under an existing covenant, over my

Resolved Question:

If I have a right of way under an existing covenant, over my neighbours property, in order to have my oil container filled from time to time, does that neighbour have the right to refuse entry through the locked gate - to which he alone has the key - until such time as it suits him to open it to facilitate delivery.
Submitted: 24 days ago.
Category: Law
Expert:  Aston Lawyer replied 24 days ago.

Hi,

Thanks for your enquiry.

Well, provided you have a right of way (ROW) at all times over your neighbours land to gain access to your oil tanks, the case law concerning locked gates on a ROW is quite clear. A party who owns the ROW is entitled to put up a gate, PROVIDED the person with the benefit of the ROW can still use the ROW freely- meaning that if the gate is locked, the person with the benefit of the ROW has to be provided with a key.

Hence, if your neighbour is only allowing you access as and when he can be bothered to unlock the gate, he is breaching the covenant.

If he persists, you may need to get a Solicitor's letter sent to him, reminding him of the law and threatening an Injunction if he does not either leave the gate unlocked or provide you with a key.

I hope this assists and sets out the general legal position.

If so, I would be grateful if you could rate my answer in the top right hand corner of your screen.

Thanks. Kind Regards

Al

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