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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My neighbour has access through my property . I wish to put

Resolved Question:

My neighbour has access through my property . I wish to put a lock on the gate to make it more secure for both myself an neighbour. I would supply a key and do not intend to stop access. Is this legal.
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. For the avoidance of doubt, may I confirm your neighbour has a legal easement (right) of access registered against your title please?
Customer: replied 2 years ago.
Yes she has legal easement right of access registered against my title.
Expert:  Joshua replied 2 years ago.
Thank you for the above. Locking the gate in such a way that prevents your neighbour from exercising his legal right-of-way would amount to an unlawful interference however if you provide your neighbour with a key to the gate there is no substantial interference with his right of way and the neighbour has no legal complaint or objection he can make. The courts have considered what amounts to an unlawful interference with a right of way and have decided that there can be no substantial interference if, despite the obstruction, the right of way can be "practically and substantially exercised as conveniently" as it was before Hutton v Hamboro (1860) and Colls v Home and Colonial stores Ltd (1904). I can therefore see no problem with your proposal providin you are willing to make a key available to the neighbour. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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