I have ROW (by easment) across farmers land, gate is kept locked by agreement.

Hi, long time lurker, first time poster.

I have a property that is accessed from a public road by way of half mile of right of way over a farmers land (by easement).

I also own the the first 200 feet of roadway from the public road, there is a gate at the access point which is kept locked. We give the farmer a key to this gate as well as two other property owners who access holiday caravans through the gate. They have all used this access since the 1970's although there is no burden on our deed to give them right of way over the 200 ft.

All parties are happy with the way things are. It is important to my families security that this gate is locked as our nearest neighbour is nearly a mile away.

My concern is that the people we allow through our gate have acquired a right of way through long use, and were they to sell their property the new owners could insist that the gate remain unlocked.

Is this a real concern, or would any new owners have to accept the status quo?

Thanks.

Unlikely that a court would alter the status quo ante

Hi Ballage,

I have expanded your title somewhat but it still does not fully explain your question.

Let me know if this is all right.

Have you spoken to a good rural based solicitor with knoledge of these matters?

Do the other users of the RoW have keys to the locked gate?

aj

thats pretty correct, I have a right of way(by easement) across half a mile (paved road) of a farmers land. However, I own the first 200 feet of this road( from the public road). The gate is here (on my land) and is locked by verbal agreement between myself, the farmer and 2 other property owners that access their caravans through the gate. They all possess keys to the gate. Neither the farmer nor the property owners have a right of wayover my land expressed in their deeds but I presume they have a ROW due to long use.

The lock is necessary for our households security and we are concerned that if one of these property owners decides to sell, that the new owners may have the right to insist that this gate remain unlocked as it poses a nuisance to their ROW.

we will be seeking legal advice on this and a few other issues, but hope to have a better idea of what questions to ask by posting the concerns we have here first.

thanks

I suppose the question really is whether someone who has a ROW, through long use, over land through a locked gate ( having been supplied with a key), can at some point in the future demand that the gate remains unlocked.

thanks again.