"Rights of Access" to drains - can I install a gate?
Question:I live on a plot of land where there are three dwellings. We have a private road that runs between the rear of the houses and the gardens, but I am the last house so my neighbours do not have a right of way across my part of the driveway. However they do have a right of access, but purely to two manholes sited on my drive. Can I install a gate? - I have young children and the new neighbours have large dogs and a lot of vehicles coming and going, so I am concerned about the children's safety.
Answers:
all drains should be accessable at all times,but there is nothing stopping you from putting a gate up just as long as it can be opened when required. you could also fit an alarm to the gate to warn when it is open.
Where do you live in the UK? This may be relevant to your answer as Scots and English law may differ.
I think you will find that under the terms of the covenants governing the lands occupied by the houses, you must grant them access when they need to maintain the drains, and nothing more, if you are right that they don't have right of way. You should be able to install a gate, but they have the right to open it and enter in order to get to the manholes only. You cannot block the manholes up. If there's any dispute, point them to the covenants.
Can't we all get along? Legally, since it is private property, you can install a gate for security for your children's safety. However, you cannot restrict access to a communal area, such as the gardens.
The best plan is to talk to your neighbor and voice your concerns to them. before you do any drastic measure.
You may find the others have right of access to the road, even if it means they would just drive up to your boundary and back up. I know its not logical that they would ever do this but you may find the right is to the drive, not just to thier house.
Of the drive is shown on the deeds as in your boundary then yes, you can put up a gate, otherwise i would say no.
I have a first hand example for you:
I own a property that has a longish drive - about 600 feet. The neighbour who lives in a cottage next to the road has right of access to thier back garden ( for off-loading etc ). So in theory they need only come up my drive about 100 feet, because thats where thier garden ends, but thier right of access does allow them to drive all the way up the drive and turn around, thats part of "reasonable access"
Cant see any problem with installing a gate as long it is not locked with a padlock or such like which would not allow access for maintenance of the drains.
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