Can I put a gate across my lane?

[condato]

Hello,
I own a small farm, which is laid out in 2 fields. The access lane to the property runs between the two fields. I own the lane, but there is another smallholding at the end of the lane, and they have right of way over my lane. I want to join the upper end of the two fields by knocking the fences either side of that part of the lane, and putting a gate on the lane. I want to do this so that the animals have access to the shelter on one side of the lane, regardless of which field they are in.

My question is, do I have the right to put a gate across the lane, effectively making it a track up the middle of a field?

I mentioned to the landowner at the end of the lane that I'd like to do this, and suggested putting on one of those expensive graphite electric fence gates, which he could drive through without getting out of the car. His response was that his four wheel tractor would break the gate. I'm reluctant to ask his permission again, as I feel he'll say no, and therefore it might be easier to plead for forgiveness than to ask permission

Thanks for any advice.

Condato

 

[willbee]

I would put 2 gates swinging on the lane. When they are closed across the lane the animals can cross from field to field and when you or the other person comes you open both gates to allow you to cross the lane. When ye get sick of opening and closing these gates, then he might prefer the more expensive electric gates for more convenience. If its your lane surely you can do this even if he has squatters rights.

 

[Vanilla]

Legally you cannot block their right of way by putting a gate there. You need their permission to do so. Court cases have been started for less.

 

[o'grainne]

As far as I am aware an owner of land /property can put up as many gates on his property, even if someone else has access rights along /through it. But they cannot not lock it and if they do, then they must give a key to whoever has access rights.

 

[Black Sheep]

Access/rights of way always seem to be tricky situations and require careful handling. As far as I can remember there are two types of rights of way, and one carries more weight than the other.
If you check the maps at your local council Office the enforceable rights of way should be on it.

 

[nuac]

You cannot impede a private right of way without the consent of all the landowners entitled to use it. You cannot impede a public right of way at all.

Got to talk to your neighbour!!

 

[Guest106]

This is the type of situation best sorted by persistent but friendly discussion.
A simple yet often successful tactic in negotiating sensitive matters between neighbors is to go see your neighbor and outline your problem in an open unbiased way. Then if you are being given a reasonable hearing ask a key question : "what it is you could do to achieve your objective and that would be least upsetting to him" ?
This tactic craftily shifts the focus and often defuses underlying and perhaps unspoken resistance in that it puts the other side in the position of not having given in to your first 'demand'. If the tactic works and they respond with some acceptable measure, it's win-win for both of you. Very often in property disputes akin to this, your real opponent may not be in the conversation with you at any stage but stays in the background fortifying or even goading the person you are engaging with......e.g. "don't give that fellow an inch" etc.
If you get slapped down in this approach then at least you know that you can't achieve anything by dialogue.

 

[starlite68]

its crafty...but its also a very old tactit...i doubt if many would fall for it these days, still they say there one born every minute......so worth try i guess!

 

[askU]

This is the type of situation best sorted by persistent but friendly discussion.
A simple yet often successful tactic in negotiating sensitive matters between neighbors is to go see your neighbor and outline your problem in an open unbiased way. Then if you are being given a reasonable hearing ask a key question : "what it is you could do to achieve your objective and that would be least upsetting to him" ?
This tactic craftily shifts the focus and often defuses underlying and perhaps unspoken resistance in that it puts the other side in the position of not having given in to your first 'demand'. If the tactic works and they respond with some acceptable measure, it's win-win for both of you. Very often in property disputes akin to this, your real opponent may not be in the conversation with you at any stage but stays in the background fortifying or even goading the person you are engaging with......e.g. "don't give that fellow an inch" etc.
If you get slapped down in this approach then at least you know that you can't achieve anything by dialogue.

I agree here and a lazy gate might be suitable?
see here:http://www.lazygate.com/

 

[gwenilla]

I believe you can put a gate on the track. The caselaw suggests that the test is a "substantial interference " with the rights of the owner of the dominant tenement, such as reducing the width of the track or by severely impeding access by dumping boulders on the track.If you lock it you must provide the user with a key.