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Can you please let me have the precise wording of the right of way?
Has your neighbour blocked the right of way? How have they blocked it?Tom
Hi, Are you saying that your neighbour has remove your own gate on your own land?
I cannot have a phone call I'm afraid.
Who's land was your gate on please? Yours or hers?
Okay, but are the double gates that she has installed located on part of your land (even though it is supposed to be a shared access)?
Do you have the precise wording of the right of way as stated on your land registry title?
Thanks for your question. I will try to help.
Basically, it’s highly probable that the land with you gate on belongs to you or to her. With shared access, the land is generally split between two ownership (yours and hers) with rights granted to each of you over the others access.
If your gate was located on your land then she should not have removed the gate and you could enforce her reinstating the gate.
If your gate was located on her land (albeit that you have shared access) then she was probably within her rights to remove your gate or such part of your gate as was located on her land and replace it with her own gate. However, she would only be able to do this provided that your right of access through the gate was not affect. So, if the new gate is located on her land then she should provide you with a key to it. If the new gate is located on her land and you can already open it without a key then your right of access is not affected (because you are open it) and you probably would not be able to do anything about it.
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