How was the land accessed before the gate was put in place?
Is there any formal documented right of access?
Can it be accessed from anywhere else or is it landlocked?
How was it accessed before you bought it?
When did you buy it?
Thank you. That’s what I need to know. There is some good news but it is not all good.
Under the rule in Sweet v Sommer you are entitled to an easement over that part of the field which the access was originally gained to your part.
However unless you have enjoyed the right-of-way over the stone lane and through your gate for over 20 years then you acquire the right under the Prescription Act to continue to use that access. Even then, it must be done without consent or objection for you to acquire the right under the Prescription Act.
You say that the previous owner of the house and the lane allowed you to do this. As this was not done formally by deed but it takes effect as a licence and a licence can be withdrawn on reasonable notice. You should have documented this with the previous owner.
Unfortunately, based upon what you have told me, what you are not being by the owners of the lane and the house is correct.
The only thing you could do is offer them some money to allow you to have the right-of-way but if they refuse it at any price, there is nothing legally that you can do.
I’m sorry that this is bad news for you.
Can I clarify anything for you?
You could try to argue it was continuous but it is not the best point I;m afraid.