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padlocked private access gates (Read 13156 times)
JACEM
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padlocked private access gates
Apr 15th, 2011 at 10:15pm
 
hi i hope someone has advice for me i have lived on my farm since 1988.when i purchased the farm an access road to a derelict croft within the farm boundary was pointed out to me by my solicitor.this road goes through the middle of a neighbours property.for the last 19 years this neighbour had tried is hardest to prevent me from using the access by obstructions such as parked cars a huge pile logs trees etc anything to block me out.over this time i have had to resort to a series of solicitors letters always asking him to remove the obstructions.eventually we get a clear run then another obstruction.his last party peice was to install a series of gates 3 in total and padlock them.again a solicitors letter asking him to remove the padlocks which he did eventually.i discovered he had put his property on the market for sale.anxious to avoid further conflict with an incoming new neighbour i set about writing a letter pointing out the experiences i had had over the years and sent it to the estate agents pointing out i had an access right through the middle of the property they were marketing.i also sent a copy in an envelope addressed to the prospective purchaser for them to pass on. sorry i forgot to mention the neighbour had used at least 3 different solicitors over the years to try and close my access road all to no avail and i sent a copy letter to those and to the neighbour himself.i now find myself out of the frying pan into the fire the 1st thing my new neighbour has done is prevent me from using the access by padlocking the gates .i have again had to involve my solicitor.this new neighbour apparantly has a sworn affidavit from the previous owner that says i have not used the access for 20 years and furthermore it has never been an issue.i have been warned by them to keep off their property.i obviously have copies of all correspondance as does my solicitor and had hoped they would react in a reasonable way and allow me to show them my huge file but no such luck.does anybody know if i would be breaking the law if i remove the padlocks because they will have to be cut off and therefore damaged.i have always kept within the law and it seems i might have to take them to court to prove i have a right of access as in my title deed .this access needs to be kept open because should the derelict croft be split off from my farm that would have to be the road to it.i have 2 sons so this is going to be highly likely sorry this has taken a long time to explain
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« Last Edit: Apr 16th, 2011 at 6:24pm by JACEM »  
 
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Lil Mo
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Re: padlocked private access gates
Reply #1 - Apr 16th, 2011 at 10:44am
 
Hi,

You seem to be having a real time of it - but firstly could I suggest you re-post in the section 'Help' - Legal Advice and Questions.  This way more people will see it and hopefully will give you the advice you need.

In the meantime good luck.

Mo
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Re: padlocked private access gates
Reply #2 - Apr 16th, 2011 at 8:17pm
 
thankyou for keeping me right mo much appreciated i am new to the site regards JACEM
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