I am somewhat confused because you say "the
Environment Agency now owns the woods, but we purchased the woods from the
. So do you own the woods or does the environment
agency own the woods?
The licensee appears to be your husband and this
right to have the gate appears to have come later so I cannot see why a
covenant to make you signed the document when you bought the property is relevant.
I assume that regardless of the statement that you
own the woods, that is a typo and the Environment Agency actually own the woods.
In which case the licence is personal to your
husband, it can be revoked and it does not pass with the house to successors in
It also, does not extend to other lawful visitors,
which is somewhat surprising that is how it is worded.
If you own the fence, they cannot make you remove
the gate but they could actually stop you coming through it. They could
actually stop the gate opening outwards over the wood land.
The deed quite clearly says the presence of the
gate doesn't constitutive right away or any grant and it's also quite clearly
says that it can be terminated without notice.
The situation would be somewhat different. If the
gate had been put in situ and you had enjoyed the access for more than 20 years
without consent. In that case, you could have claimed a prescriptive easement,
but because you were given consent. A prescriptive easement cannot arise.
I appreciate that this is probably not the answer you
wanted there is no point in me misleading you.
Can I help further?
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The thread remains open for us to continue this exchange