Right of Way: Landowner has erected a Gate with a padlock.

B

bellandbear

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My mother has a right of way down the back of my neighbours house.

First of all the guy ripped up the right of way and put down a patio but there was slope between the two houses as it is on a hill and put down a mental ramp. It was settled between the two sides as my father was unwell at the time and he was not able to go into court with it.

He physically assaulted my dad (who has since passed away) and it was reported to the gardai. Since he died which is 6 years ago he has done nothing but last week he has started to put a gate on the right of way and has told his solicitor to tell us that he will give us a key.

Has he the right to do this ?

I cant seem to get an answer from our solicitor.

If he has the right to put a gate has he the right to lock it?

We are convinced that if anything happped to my mother that if it was locked that he would change the lock and lift the ramp and we would have no access to the right of way.

My brother in law brings the bins down and everytime he is doing that this guy who doesnt work runs out of the house to stare at him. He is just obsessed with trying to stop my mothers use of the right of way.

I just dont want to see my mother so upset with all of this at this stage of her life.

Can anyone help?
 
I think you should talk to a solicitor. Some thing that pop into my head are he might be trying to establish adverse possession (squatters rights) by building over the "unused" land and improving it. I don't know if that applies where a right-of-way is involved. He might be try to prove that it's not used. He might be trying to make out that you "accepted" the closur of the right-of-way if you accept a set of keys. Etc. etc.
 
as advised you will need legal advice immediately -my reading of it is that all right-of-ways have to be registered by november 2012. have a read of this link.
[broken link removed]
 
See a solicitor

Seek an injunction to stop you neighbour interfering with your mother's rights pending hearing 'of any action
 
It reminds me of a similar case a few years ago with a well known broadcaster. Take action now or your rights will be taken away. Browtal
 
Bellanbear - we have not heard back from you.

How do you know you have a right of way? Are there documents?
 
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