Can you put gates on a right of way?

Can you put gates on a right of way?

It is well-established that a gate can be erected across a right of way (Pettey v Parsons (1914)) and such a gate can even have a lock (Johnstone v Holdway (1963)); the question for the court is whether the gate amounts to a substantial interference with the convenient use of the right of way compared with the …

Can you put a gate on an easement?

If you are determined to install a gate over an easement, it will need to fit in the parameters of the easement agreement. Even if the easement came with the property when you bought it, you are legally obligated to obey its terms.

Can I put a gate across a shared access?

As a rule of thumb, it would be wise to treat two unlocked gates as acceptable, but not three. It follows that you can almost certainly put up a second security gate to protect your property, but locking it could be unlawful — even if you provide a key to your neighbour.

Can I put a gate across a private road?

If there is a right of way along the road, you can not block it. That does not mean that you can not put a gate there, just that the gate can not be locked. A private road can be used by the general public and is open to all who wish to use it, but it primarily benefits those at whose request it was established.

Is it illegal to block someone’s gate?

Putting cones or any other obstacles in the street (without permission from the local authority) to prevent parking in front of one’s gate can result in prosecution for causing obstruction.

Is an easement and right of way the same thing?

What are Easements and Rights-of-Way? Easements are nonpossessory interests in real property. More simply, an easement is the right to use another’s property for a specific purpose. Rights-of-way are easements that specifically grant the holder the right to travel over another’s property.

Can a person block a right of way?

A Any substantial interference with a right of way is a nuisance in common law. The owner of the right (known as the “dominant” owner) can apply to court for an injunction and damages if the landowner (or “servient” owner) blocks it.

Can my right of way be blocked?

If you are being prevented from exercising your right of way or your right of way is being physically obstructed so that you cannot use it then one of the remedies open to you is to apply to the court for an injunction. Often people’s reaction is to get the police involved.

Is it a criminal Offence to block a right of way?

It is a criminal offence to obstruct a public right of way. Highways Act 1980 Section 137 of this Act makes it a criminal offence for any person, without lawful authority or excuse, to wilfully obstruct free passage along a highway.

Can a gate be locked across a right of way?

Further, locking a gate which lies across a right of way may be deemed to be substantial interference. However an unlocked gate/providing the dominant owner with a key is less likely to be regarded as substantial interference. For more information please contact:

Do gates across a private right of way constitute obstruction?

If you have any questions in relation to this article, please get in touch via [email protected] Do gates across a private right of way constitute obstruction? A private right of way over land is known as an easement. The person entitled to the benefit of the easement is known as the ‘dominant owner’.

Can a gate be placed across an access easement?

Dear W. H.: The determination of whether or not your placement of a gate across the access easement constitutes an unreasonable interference with its use, would, to a large extent, depend on the precise wording of the document, which originally created the easement.

Who is entitled to the right of way over land?

A private right of way over land is known as an easement. The person entitled to the benefit of the easement is known as the ‘dominant owner’. If a dominant owner wishes to claim that there is an interference with their enjoyment of an easement, the dominant owner must show: