right of way

[gooffer]

i have the open right of way through the pathways of 2 houses to the main road which i done through a solicitors in 2007.now the house next door want to put a lock on the gate and give me a key they said the solicitors said that it was ok, but i noticed it was the same solicitors that done our right of way which they told us it must be unfettered and must be kept clear and open at all times, it seams like the solicitors are working for both of us is this a conflict of interest and what can i do,

[atalanta]

They are trying to break the right of way. They are probably afraid of someone else walking over the path and extending the Right of way. They have probably got some idea that if they block the path for a certain number of years, the right of way ceases to exist.
Did the solicitors really say the gate was alright, or are the neighbours fibbing ?
In the first instance, you may be able to get some free advice from the Citizens advice bureau, or even from the local council, who should have maps with rights of way marked on them

[bednobs]

personally i can't see the problem - you have complete unfettered open access as you have the key, meaning you can go through at any time, uninhibited and unhindered. there must already be a gate you have to open or something other wise there would be nothing to lock, so your inferred definition of "open" is flawed anyway The solicitors aren't working for both of you - that solicitors worked for you 2 years ago. The situation (in my opinion only - i am not a law person) is essentially unchanged

[gooffer]

i was told by the land regerstery that open access means that you can go through back gardens that have gates ie (council houses) as long as they are not locked. but can be opened with a lift latch that can be operated from both sides,if however you need a key to open the gate or gates this becomes a locked access way and breaches the right of way act.

[Twenty20]

You are right, you can't lock the gate even if a key is given. The right of way isn't selective, it isn't the right of way of one or even several persons, it's a right of way generally of any person wishing to get to the other properties.

We had a right of way issue along a shared path to our house which is why we had to look into it. There was no way we could put a locked gate on the path. I'd suggest the neighbour is telling you lies. Any solicitor would know this.

[buildersmate]

Sorry Twenty, but I feel that I have to take issue with your answer. Rarely are things that black and white in civil law - otherwise there would be far less work for lawyers.
As usual the answer (unhelpfully) is 'it depends', as this post made in a very good legal website, that I have recommended to AB before, makes clear.
http://www.swarb.co.u...dGateRightofWay.shtml
The following case, taken from the useful website Garden Law may also assist.
http://www.gardenlaw....topic.php?f=8&t=13205
Related to this question, for starters, there is no such thing as an 'open right of way'. If by this you mean a public right of way - that is a path open to everyone, then it is correct that the owner of the land cannot put a locked gate across it. However public rights of way can have allowable obstacles across them - stiles to control the movement of stock between 2 fields, for example.
If you mean a private right of way or easement - that is a right that applies to you as owner of your land, giving you as owner of that land (and others on your authority working as your agent) a right to pass and repass across your neighbours land, the locked gate arrangement may be acceptable in law provided you have a key and access is freely available from both sides using that key.
Often it is in your interests as well as that of the owner to have the gate locked and accessed only by a key that both of you use, to prevent others getting through.
What is your issue with them doing this?
Forget the conflict of interest argument - its a dead duck.