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Ask ivorylounge Your Own Question
Category: Property Law
Satisfied Customers: 34856
Experience:  Barrister at Self Employed Barrister
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Have access to my back garden via a gate at the side of the

Customer Question

Have access to my back garden via a gate at the side of the neighbours house, its marked on title deeds, but said neighbour has padoicked the gate and said if we want to use it we have to chap his foor to ask it to be removed i dont mind the gate being locked ha has a dog after all but i jave asked for a key rather than knocking his door all the time and he said no, can i remove rhe padlock?
Assistant: Where are you located? It matters because laws vary by location.
Customer: Scotland west lothian to be precise
Assistant: Has anything been filed or reported?
Customer: Reported/ filed to whom? Not so far have been trying to be reasonable?
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: Just what my rights are as shared access
Submitted: 10 months ago.
Category: Property Law
Expert:  ivorylounge replied 10 months ago.

Let me see if I can help. The legal test in the case of alleged obstructions, put simply, is: "can the right of way be substantially and practically exercised as conveniently as before?" The answer in most cases is that a single unlocked gate will not normally be held to be a substantial interference; however where there is a lock and you have not been allowed a key to the lock then I think that most courts would consider this to be a substantial interference. Either the lock goes or you are entitled to a key. I would suggest that you could get a solicitor to write such a letter to your neighbour easily enough (it might be covered in your house insurance) for about £100 plus VAT. Happy to discuss and please rate positive with 5 stars for my time.

Expert:  ivorylounge replied 10 months ago.

Hello I see that you have looked at the answer. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page.This is how Justanswer works. I can still answer follow up questions if needed to clarify anything for you. Many thanks