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Michael Holly
Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 6845
Experience:  BA honours degree in law, over 20 years experience in litigation, contract and property matters
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A neighbour has put a locked gate at the top of a path owned

Resolved Question:

A neighbour has put a locked gate at the top of a path owned by me which leads across his property which has been used for over 70 years, is he within his rights to do this?
Submitted: 1 year ago.
Category: Property Law
Expert:  Michael Holly replied 1 year ago.
I suspect you may not own the land upon which the path is situated but have a right of way across his land using that path. However , just in case you do own the path, I will deal with both possibilities.If you own the path he cannot block it . It is your land and he is trespassing on it. The gate can simply be removed by giving him a period to do so failing which you will do it and return his gate and posts to him.He owns the land but you have an easement permitting you to cross the land for some purpose. He still cannot block it. He bought the land subject to that right and he is still subject to it.Unless he gives you a key you can apply to court for an injunction to get him to remove the gate. You should write to him telling him you will do so unless he provides you with a key in, say, 7 days. Advise him in the letter that if you are forced to apply to court for an injunction because you have warned him that you will do so and he has failed to supply the key you will also claim that he pay your legal costs as well as him own.To find out if you own the path or have a right to cross his land you need to look at a copy of the title to your property. These can be obtained from the Land Registry . If you have any difficulty a local conveyancing solicitor is likely to have an account with the Land Registry and be able to get a set cheaply for you.Bear in mind, he may simply be waiting to see if you ask him for a key so it might be worth talking to him before taking actionI hope this helps.If there are any further points please reply and I will be happy to respondBest wishesMichael
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