Hughes Paddison is delighted to warmly welcome Heidi Aitken to the Equity Partnership. Here we celebrate her career so far and hear about her plans, as an Equity Partner.
- Telephone 01242 574244
- Fax 01242 221631
- Email info@hughes-paddison.co.uk
Search site
Contact our office
Make an enquiry
Blog
Gates and rights of way can be an unhappy mix. I often hear the cry "my neighbour has put a gate across the lane. He can't do that. I've got a right to pass along that lane. I want to get an injunction against him". Breaking it to the client that the erection of a gate will not necessarily amount to an interference with the right of way can have emotional consequences. Disbelief. Anger. Confusion. And then the suspicion that you are somehow working for the other side.
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.
But anything more than an unlocked gate probably will be held by the court to be a substantial interference and therefore unlawful.
Often, the justification for the erection of a gate is security. Where security is the concern, the gate may have an electronic fob or keypad operated lock and be connected to the owner's building by an intercom system. But even if the person with the benefit of the right of way is provided with a fob or the code to the keypad, this is still likely to be held to be a substantial interference with the right of way because the gate will obstruct deliveries, visitors, and emergency services.
Finally, a common situation and cause of dispute is where an individual who enjoys a right of way over a neighbour's driveway fails to close the gate after passing through it. I have had many cases where people have contacted me to seek legal advice and the first thing they do is to "advise me" that the neighbour is not closing the gate and that the neighbour is committing an unlawful act. But the truth is that failing to close a gate in those circumstances is not necessarily a nuisance nor is it necessarily negligent nor unlawful in any other way. The legal position is simple: you have a duty not to do something which is likely to cause loss to your neighbour. Leaving the gate open may be inconvenient or indeed irritating for the land owner but if it does not cause a loss, there is no claim. The situation might be different if the gate is designed to keep livestock on the land. If the livestock were to escape and to cause a loss to the land owner, then the party leaving the gate open in those circumstances would be liable in damages to the land owner.
The information contained on this page has been prepared for the purpose of this blog/article only. The content should not be regarded at any time as a substitute for taking legal advice.
Hughes Paddison is delighted to warmly welcome Heidi Aitken to the Equity Partnership. Here we celebrate her career so far and hear about her plans, as an Equity Partner.
What our clients say
“Hughes Paddison have provided assistance on numerous occasions consistently acting in an exemplary fashion whilst dealing with all aspects of the issue at hand. It is extremely reassuring to know that our company is represented by such a competent and professional firm.”– Commercial Director, Ferroli Limited
““Jennifer was most helpful, frequently explaining the legal jargon with ease and doing so in an effective manner. This very much helped me follow along with what at times seemed like a daunting process - Jennifer’s ability to explain things clearly made the whole process much easier to deal with.””– Anon
“Just a quick note to say a huge thankyou to both yourself and Jess for the service that you have given me over the last few months. It all seems to have been done with the minimum of fuss which has certainly taken away an element of stress that comes along with selling your house. I now see why you guys came as a recommendation and look forward to dealing with you both again when we purchase our new house next year.”– Anon
“Just a note to say thank you very much to you and your colleagues for dealing with the sale of our late Mum’s property. The service we received was excellent and you were able to resolve all the problems that cropped up!”– Anon
“Jennifer provided sound professional legal advice which I needed to help me to sort out the legal and financial aspects of a difficult personal situation. I wouldn't hesitate to go to her with any family legal matters I have in future.”– R
“Having the support of Marcus throughout what has been a very painful divorce has really helped me get through the last 18 months. Although this has personally been a very difficult process, I know that Marcus has done everything possible to make it as smooth as it can be. I really appreciate the honest, open feedback to all of my questions and also how quickly he responded to them. Above all else, Marcus really does seem to care about his clients and their families. I never had the feeling that this was just a job for Marcus, and I’m so grateful that I was fortunate enough to have had Marcus recommended to me when I did.”– R
“When you use a solicitor its usually in times of need, when you require expert advice and reassurance. This is exactly what our company has received from Hughes Paddison Solicitors and in particular Kimberly Whalen-Blake. Not only is Kimberly extremely well informed and professional; she is also personable and easy to communicate with. She responds to messages and emails promptly and goes over and above to assist. I would have no hesitation in recommending her services; and in the future, if necessary, I will definitely be calling on her expertise. ”– S - UK Parking Design
“ Hughes Paddison came highly recommended and they were not wrong. I am so glad I appointed Kim to represent me. It was a really difficult time and Kim swiftly and compassionately cut through to the crux of the issue and gave me such clear and great advice immediately. The outcome achieved was truly the best for myself and the organisation and avoided more stress for all parties involved, as it was solved very quickly. Most importantly for me, Kim handled the negotiations. The relief of handing this over to someone I completely trusted made a horrible situation much better. Many thanks to Kim and HP.”– Anon
We use essential cookies to make our site work. We'd also like to set analytics cookies that help us make improvements by measuring how you use the site. Clicking Reject All only enables essential cookies. For more detailed information about the cookies we use, see our Cookies page. For further control over which cookies are set, please click here
Our use of cookies.
You can learn more detailed information in our Privacy Policy
Some cookies are essential, whilst others help us improve your experience by providing insights into how the site is being used. The technology to maintain this privacy management relies on cookie identifiers. Removing or resetting your browser cookies will reset these preferences.
Essential Cookies
These cookies enable core website functionality, and can only be disabled by changing your browser preferences.
Google Analytics cookies help us to understand your experience of the website and do not store any personal data. Click here for a full list of Google Analytics cookies used on this site.
Third-Party cookies are set by our partners and help us to improve your experience of the website. Click here for a full list of third-party plugins used on this site.
Comments