Hi, thanks for your enquiry. Firstly, as I am sure you aware, just because your neighbour has not used his right of way for the last 12 months doesn't prevent him from now exercising the right. As it is only a right over your property, you would be perfectly within your rights to install a gate, provided it does not prevent your neighbour from exercising his right. So, provided you don't have the gate padlocked, you are fine, and if you were to padlock it, you would have to give your neighbour a key. I hope this assists you and sets out the legal position. Kind Regards Al
Hi, there has been plenty of case law stating that the installation of a gate is not an obstruction, provided the party with the right of way is able to open it freely. It sounds to me that the Solicitor is just trying to scare you- an injunction proceedings are likely to cost your neighbour a good £5,000! on top of this, the fact that the gate is to stop the escape of animals, it is sensible that a gate is installed. I hope this helps. Kind Regards Al
Hi, well, as I have already said, from a legal point of view, you are perfectly within your rights to do as you plan. Kind Regards Al
I agree with my colleague. I note what you say regarding the financing of the wall. I would be the of the opinion that you would be able to hang the gate provided the neighbour is able to use it freely.
I hope this answers your questions. If so, kindly rate the answer and provide feedback.
I will then be happy to answer any follow up questions.
This is my opinion. If the neighbour pursues the matter through the the courts, I believe he would have a tough time of proving it was an obstruction if they have free access.
You can never be 100% certain and that is the nature of litigation.