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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7617
Experience:  UK solicitor holding an England and Wales practising Certificate.
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A right of way Assistant: Thank you. Can you provide any

Customer Question

a right of way
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: I have erected a gate at the front of my property, the property contains a right of way. I don't want to provide a key to thew gates for the security of my family. The right of way is used apprx once a month and i always ensure the gate is open when they need to use the right of way.
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas replied 1 year ago.

Hi,

Can you please let me have the wording of the right of way?

Tom

Customer: replied 1 year ago.
I don't have it to hand. It is for access to a mobile tower for a phone company which was in place before I purchased my land for development.
Customer: replied 1 year ago.
They have entitlement to pass and re pass over the access way and through any gates and barriers theron with or without vehicles, machinery, equipment and plant for all purposes incidental to the use and enjoyment of the property
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

Unless the right of way is limited to a access at a particular time or subject to them giving notice then you are probably going to have to give them a key.

The right is a legal easement which gives the person the legal right to access the property in accordance with the wording. They may practically only use it once a month but if the wording is not limited to this or to a requirement for them to give notice then you do not have any legal argument to not give them a key.

If they are not satisfied with not having a key, then I would give them one basically. I appreciate that security might be an issue for you, but when you purchased the property with the right of way you effectively accepted a certain limitation on absolute security.

Ultimately, if you do not provide them with a key then they could apply to court for an order that a key is delivered up to them by you and probably also claim their costs for doing so from you. This is of course if they were minded/bothered to actually apply to court, so you may wish to test their resolve but ultimately accepting that if they appear sufficiently motivated to make an application then to deliver a key before proceedings are issued.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom