Areas of Law / Property

My deeds say I have a “right to pass and repass” a lane that runs behind our garden. The deeds refer to it as a passage with shared maintenance but not a right of way. Now new neighbours are putting up gates, saying they own that section, and although they say I can use it I am sure they intend to lock the gates. Are they entitled to do this?

If your neighbours own the lane they may be entitled to put in a locked gate as long as all those with rights to pass and repass are given keys. Ideally you would show your title deeds to a solicitor for a definitive opinion. Your neighbours certainly won’t be able to bar your way completely but can enhance security for their property provided that there is not a material interference with your access rights.

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