Rear property access

[abbyson16]

We live in an end terrace house of a block of four. There is a right of way/ passageway at the rear pof the properties to take out rubbish bins, garden waste etc. When we moved in the house next to us was rented and occupied by an elderly lady whose relatives had erected a gate in the pasageway to give her an extra sense of securityto the rear of her property. It was not something we wanted but as new neighbours we let it go and proceeded to use the rear access by opening the gate with no problem. The lady has recently moved but the gate remains. Now the house at the end of the terrace that leads to the street has decided to sell and has erected a gate in the rear access between the end property and the second house in, apparently to 'improve the appearence'. It is not bolted and can be opened by a latch. My concern is that as a right of way it should be free of obstruction, further if he sells, I have no idea what a new owner or tennent may do. I don't think anything is written on the deeds but the way the properties have been built in this area I am confident a right of way has existed for many years. Can I ask the gates be removed even though I can get through by opening them or can I get the owner to give a legal undertaking that the right of way exists and will continue to the next owner when and if he sells? Any info appreciated - thanks

[bednobs]

the gates are not an obstruction, and do not hinder any right of way you may have.it should be on your deeds if you have a r.o.w. or if you own any of it. If it's not, then i dont think you do have a right of way

[joko]

right of way just means you are allowed to go through that part...it does not mean it has to have no door or gate...it could even be locked as long as you had a key...