How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10794
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Type Your Law Question Here...
Aston Lawyer is online now

If I have a right of way under an existing covenant, over my

This answer was rated:

If I have a right of way under an existing covenant, over my neighbours property, in order to have my oil container filled from time to time, does that neighbour have the right to refuse entry through the locked gate - to which he alone has the key - until such time as it suits him to open it to facilitate delivery.


Thanks for your enquiry.

Well, provided you have a right of way (ROW) at all times over your neighbours land to gain access to your oil tanks, the case law concerning locked gates on a ROW is quite clear. A party who owns the ROW is entitled to put up a gate, PROVIDED the person with the benefit of the ROW can still use the ROW freely- meaning that if the gate is locked, the person with the benefit of the ROW has to be provided with a key.

Hence, if your neighbour is only allowing you access as and when he can be bothered to unlock the gate, he is breaching the covenant.

If he persists, you may need to get a Solicitor's letter sent to him, reminding him of the law and threatening an Injunction if he does not either leave the gate unlocked or provide you with a key.

I hope this assists and sets out the general legal position.

If so, I would be grateful if you could rate my answer in the top right hand corner of your screen.

Thanks. Kind Regards


Aston Lawyer and 3 other Law Specialists are ready to help you