Right Of Way Question

jayo73

I bought a house in 2008, access to which is via a lane that I purchased with the house and therefore I own.

My neighbour bought a property behind my house in 2009 and he subsequently built a house on his land in 2010.

When I bought my house one of the conditions of the sale was that I would grant my neighbour a right of way to access his property, and it is worded something like this "a right of way coloured yellow and marked X to Y …."

Access to the lane is controlled by electric gates, and I have given my neighbour wireless keyfobs for them.

My neighbour has since installed a keypad that opens the gate, and over the past 2 years he has been giving out the code to lots of people.

Now I have a constant stream of people coming and going as they please over my lane - people whom I dont know and who I never gave any permission to use my lane.

I feel that my neighbour is effectively giving rights of way over my lane to 3rd parties that I dont know.

I have suggested to him that I would prefer that he install an intercom so that such people could only use the lane when he is at home, but he said that he will not do that.

Does my neighbour have the right to invite people onto my private property without my consent?

Mr. Incognito

Have a look at the terms of the Deed granting the right of way but it usually is granted to visitors to pass and repass so I suspect you are snookered.

In fairness though- he should have a right to invite whoever he wants to access his property. If it passes through your land there's nto a lot you can do about it only object to planning permission before it was built.

CIARAN_BOYLE

You probably can remove his keypad from your gates as long you supply wireless keyfobs if you wish.

jayo73

Thanks for the replies.

I will ask my solicitor to look into it again. I did before and there didn't seem to be anything mentioned about visitors etc.

Im not trying to cut the man off, but I would prefer he used an intercom rather than keypad codes as he has been giving the codes out to people who have been doing work for him and I don't feel that this is secure.

Also, there is no agreements about maintenance and the right of way is not registered on the land registry.

nuac

Sorry, we cannot give legal advice here

Despite the interesting high tech angles, have to close this thread