Can i put a locked gate on alleyway my neighbours have right of access to?

Question

my neighbours have right of access through the alleyway between our terraced homes, the alleyway is on my property but i have to allow them access. however they choose to use their back door as the main door to their house,and have a notice on their front door saying please use back door , so any visitors to the house come through the alleyway,any hours of the day and night. the alley is directly under my bedroom and also runs past my back garden, where my young children play. i want to put a gate on the alleyway for security and to stop my children getting out onto the road and to give my neighbours a key so they can bring their bins out etc.but want to deny access to everyone else and force them to use their front door for visitors etc. can i legally do this?

Answer 1

Best Answer - Chosen by Voters

Technically U can't prevent access.
But U can take them aside & explain UR concerns about this alleyway.
Security needs 2 B done & obstructing U means they have no idea of the country we're living in.
Grab UR local Paper find a story that highlights UR concern & hope they can B reasonable.
Or consult UR nearest Citizens' Advice Bureau & ask them what U should do.

Answer 2

When we owned an old house in Philadelphia (1850 row house that was part of a cluster of them) we faced a problem like that. We all had a common back courtyard that was reached by going through a gated passageway. Everyone had a key to the gate and was expected to use that way to get in and to then close it behind themselves. It had worked well for a century so this is a realistic option. It just needs cooperation and agreement with neighbors.

Answer 3

we had this exact same problem. next door would walk right round the back of our house instead of just walking up their garden path!!
The law said that only the actual residents have right of way, not visitors or builders etc. We had such a problem that the police and a mediator became involved.
We locked the gate but had to provide a key to the neighbours.
I feel for you. it is so infuriating and frustrating.

Answer 4

im afraid u cant do this as its against the law. maybe a solution is to erect a small fence with a seperate lock on it which still remains on ur property but does not block access to ur neighbours house.

Answer 5

I don't think you can do it legally as your neighbours have right of access. Talk to your neighbours and tell them what you want to do and why and maybe they will allow it.

Answer 6

Yeah because it's on your property. You better consult an attorney.

Answer 7

Whether they use it or not, as long as they have right of access, you cannot put a locked gate. You can, provided there is a mutual agreement and you provide them with a duplicate key.

Answer 8

I've had the same problem for 10 years. My car has even been damaged by their drunken visitors stumbling up the path at 3 in the morning. I've been to the Council and there's nothing I can do. You can put up a gate, but no lock. I understand how frustrating it is. Sorry. I did consider putting a gate every 3 feet up the path with a latch which would automatically close in the hope that this would be too much of a nuisance for them, but it would have cost too much.

Answer 9

simple answer "no".
though there is nothing stopping you from putting up another smaller child gate, for your childrens safety, if there is room, and ask your nieghbours to ensure they, and their visitors respect your family's safety.

Answer 10

You can lock the gate provided you allow them a key, and if there
is any proof of abuse on their part, then you can file a complaint.

Answer 11

You better consult an attorney. Right of access may not mean UNLIMITED access...but you need professional advice. You're going to create bad feelings with your neighbors, even if you are legally entitled to do this. Have you tried talking to them and asking them to limit their guests' usage of this alleyway for the safety of your children? It might work.

Answer 12

hi, yes you can put a lock on the gate? as long as you give a key to your neighbours. tell them you had an attempted break in, and would appreciate them keeping the gate locked. also they will get fed up with handing the key to visitors if you keep going and locking it till you go to bed. theyl soon give in.

Answer 13

I was in a similar situation a few years ago, where I had to go through my neighbours back yard to access my own and needed to use this way to store my motorcycle.They used to lock it but refused to give a key so each time I needed to use this way in I had to knock on the door and it caused a nuiscance for them.Eventually, they gave in and gave me a key to the padlock but shortly after, I had an opening with a gate put in my back wall so I had my own entrance to my property.Problem solved

Answer 14

in a word, no. perhaps you should try negotiating with your neighbour for fair acses. actually i dont have much sympathy for you as you presumably knew about your neighbours right of access when you bought / rented your house.

Answer 15

You need to speak to your neighbours to resolve this. If you are worried about the safety of your children, they will hopefully listen. They need to understand your concerns, as it is a shared access, but you can't gate it without their permission. If chat doesn't work, then you need to talk legalities.

Hope it works out.

Answer 16

It would be OK with their agreement, probably providing them with a key.

Answer 17

Even if you can legally do it, it doesn't sound like you'll be getting along with your neighbors for very long if you do. Have you tried talking to them to see how they feel about the whole situation? Maybe you can come to an agreement together and still get along.

Answer 18

Not unless you want a lawsuit on your hands.. IF THEY have a LEGAL right to enter, you cannot put on a locked gate.... unless you give them a key.. If you go that route, I would ask them first BUT get it in writing... IN WRITING of their approval

Answer 19

You will need to get a solicitor to check the deeds of your house to ascertain exactly who has right of way. Access may be restricted to the occupiers of the house only.

Answer 20

Not if they legally have right of way access to this area. Consult a lawyer.

Answer 21

i'd have thought not if they have access rights to it but get it checked out with yr local planning department

Answer 22

No. Right of way is laid down in law. You will get prosecuted and LOSE if you do this. However if they are reasonable people explain you concern about the safety of your kids to them. If they are decent human beings then you should be able to work out a compromise. I bet their house is small and the yave a sofa or table in front of the front door.

Answer 23

you should ask the city that takes care of that problem or ask an attorney

Answer 24

Best to contact the local city zoning office. They deal with access and right of way issues.

Answer 25

You have to talk to your town planning and zoning, I would think.

Answer 26

we have done the same no problems for us