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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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There is a gated passageway on my property over which I give

Customer Question

There is a gated passageway on my property over which I give access to other residents to reach the rear of their properties. The passageway is between my property and a neighbours, and anyone using it can view into my property thro the front lounge window.
Friday 13th June the neighbour advised that her front door lock was damaged and advised that she would be using the passageway.
Over the period since the neighbour has let the gate slam at antisocial hours, and last Monday it was removed, when it was slammed at 06:30hrs, and again at 23:45hs.
I have also switched off security lighting as this was being activated during evening as the neighbour visited the garage at the front of the property.
The neighbour has been advised of the situation, but has never offered an apology for the many times I have been woken up by her and her visitors.
Question, access is granted, but what can be deemed normal usage?, and when does continued use become a nuisance? When can I expect some privacy?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Is there any chance you could let me having the wording from your Deeds concerning the right of way granted to this neighbour?



Customer: replied 3 years ago.

Can scan and send copy of deeds.

However, from a solicitors letter in relation to a previous neighbour storing a wheeley bin and garden materials on the passageway/pathway.




`it is indeed the case that that our client is the proprietor of the right of way. According to the deeds of our clients house the passage way is owned by our client subject to rights of way over it in favour of surrounding tenants. As such, the land is our client's property and your sole right in relation to it is to pass along it. Our clients sole obligation in respect of the right of way which was granted in your favour is to keep the right of way clear for passage.

Wortley Redmayne & Kershaw, Chelmsford.


The problem is that the neighbour is now using the passageway as the primary route to her property. Appears not now to use the front door.


Some months ago I raised the problem about the gate being let to slam at anti social hours, and got a `S' `A' response.

The gate was removed last Monday after she went thro it at 06:30hrs

Returned at 23:45hrs and activated the security lighting.


I now realise why a previous owner planted a conifer screen along the passageway. I am now contemplating putting up a fence to get some privacy.




Expert:  Aston Lawyer replied 3 years ago.

Hi Don,

Thanks for your reply.

If you could scan and email, that would help me.

I look forward to hearing from you.

Kind Regards
Customer: replied 3 years ago.

Hi Al,


I am concerned about the manner in which this service is operated.

My account has already been debited, even though my details were not completed, and the email address offered was in use. It would appear that the system fell back on an old enquiry, which was never completed.

I entered a pay on results service, which it would appear is not the case.


With relation to sending deeds, even copies. Not much more can be added.

A case would have to bought for nuisance and intrusion into privacy by the continued use of the access at anti-social hours.

Perhaps necessitating a change in deeds to uphold my rights, no doubt costly affair.

I do have legal cover attached to my household insurance, which in the circumstances may perhaps be the better route to follow.


Best regards,




Expert:  Aston Lawyer replied 3 years ago.

Hi Don,

I will refer your request to customer services. Although every customer has to lodge money before asking a question, this money isn't actually taken and I don't get paid until you are happy with any answer provided and you have given positive feedback.

Kind Regards