access to garden?

[kittywoo]

my neighbour has decided she wants to put a padlock on the gate between our houses due to the fact my daughter 7 sometimes forgets to shut it. which is fair enough. she is more interested in playing with her friends. my question is...
is she able to do this? she claims the ally is on her land however we have a gate at the end of the ally to our garden is she able to padlock the gate thus preventing us gaining access to the back of our house?

[Peter Pedant]

well it depends what your deeds say.

and in any dispute, you are going to have to get them and read them or have them read....

so I would get on and do it now

[kittywoo]

thankyou

[joko]

she would surely give you a key?

is there anyway you can divide the area up properly?

also, why not just get a springloaded mechanism so the gate shuts itself?

[kittywoo]

thankyou will suggest it to her....

[redhead23]

what if there was a fire ? is that one of your means of escape im sure she cannot do that as you have accsess to it

[kittywoo]

yes its the only way to get out of the garden except for the house. our bedroom is at the back of the house and that is the only way to get out...

[redhead23]

surely she cannot block it then , for health and safety reasons its also your right of way

[Sprowston]

To reiterate previous answers:

Check the deeds. If they give you a right of access she cannot deny you access. Also, if you have enjoyede unrestricted access for more than 15 years then a right of way exists.

However, if leaving the gate open is a problem then discuss alternatives with her, such as you both having a key or fitting a 'closer'!

As is mentioned on this board frequently, it is much better to discuss problems with neighbours and reach an amicable compromise, rather than reaching for the law straight away!