Republic of Ireland Law
Ask a Republic of Ireland Law Question, Get an Answer ASAP!
Hello, and thank you for your question. I am your Expert and I will provide the answer you require.
1. The first thing is that your neighbour who has the lock on the gate to the right of way, has a right to do so, but she must provide keys to everyone who lawfully uses the right of way. There is nothing which prevents her from doing so in law. So long as there is any danger of trespassers over the right of way, she is entitled to place a lock on it, provided she doesn´t interfere with the lawful access to the right of way. In your situation, this lady neighbour at the end of the terrace was not allowed to prevent access to your contractor when he needed to do work. That was an unlawful interference with the use of the right of way and you can sue h er in damages for doing so. However, the amount awarded in compensation would be small.
2. The second thing is that you are not liable to the lady at the end of terrace for her fence posts being rotten and needing replacing. Essentially, she must replace her own fence posts. The lady at the end of terrace is well aware that she cannot make you liable for this matter and this is why she hasn´t accused you of damaging her fence.
3. If you require any clarification or if there is additional information you wish to share, I will be happy to assist further in the resolution of your question.