What Legal Right Do I Have To Access My Garden Gate?

[Allimacca]

The gate at the bottom of my garden opens to a narrow residential road. Cars are invariably parked so close to the fence that it is impossible to get in or out through the gate unless we physically climb over the car.
Aside from it being common decency to leave access, where do we stand legally?

[NoMercy]

It's your gate, your access point. If you cannot get in or out, they're obstructing you.

Time to start complaining!

[Allimacca]

We had a polite note on the gate asking people not to block it and have had snotty comments written on it essentially telling us we have no right of way/access.

[hc4361]

Do you have a right of way? Just because your fence has a gate it doesn't automatically give you right of access.

Check your title plan or deeds.

[cassa333]

As hc says check your deeds (available to download from land registry for about £5) and see what it says, if anything, about access.

What sort of road is it? Is it adopted?

Do they park on the pavement or does the highway go right up to your boundry?

[buildersmate]

Picking up on various points made by others:
1 - looking at your land title document won't help at all.
2 - a landowner with land directly adjoining the highway will always have the right to pass from his land on foot onto the public highway. Whether or one can do so depends on whether that landowner has erected a fence or hedge to prevent the passage. The issue about accessing from a parcel of land to the public highway is one of planning consent, not legal right within the title.
3 - a footpath or a verge is part of the public highway, so that's not relevant, except that a motor vehicle should not be left on a footpath, so if one exists (and cars are parked on it) that helps enormously.

Your alternative may be to see if the police will act on the grounds of obstruction? I'm not sure if they will.

[buildersmate]

Missing words in point 2 above, last sentence. The issue about accessing land to the public highway BY VEHICLE ....... ( Missing words, by vehicle)

[jomifl]

A note under the wipers warning that their is a high risk of vandalism might help.

[cassa333]

In that case BM it may now depend on wether the road is adopted or not!!

[AliFlump]

Could you not reverse the opening of the gate so that it opens into your garden rather out into the road? There may be a reason why you can't but just thought I'd suggest it.

[RATTER15]

Put a notice on the gate stating

"if you block my gate I will climb over your car to get in or out"

[ToraToraTora]

put a couple of spikes on the outside of the gate and open rather roughly!

[Allimacca]

The gate already opens into the garden, the problem is that there are 3, maybe 4 inches of space left between the car and the fence so we cannot exit the garden.
Letting down the tires, putting down glass or nails would be great, but the the car wouldn't be going anywhere for even longer!

[boxtops]

Is the road a public highway, though, allimacca? We have an access lane down the back of our houses leading to a private development - the road is owned by the housing association whose houses they are, and those of us with gates or vehicular access onto that road have to pay a licence to the HA to keep using their roadway.

[jeffa]

And, inevitably, cause you more grief in the long run. The people who block your gate will, in my experience, be either of the type who will call the police and have you arrested for damaging their property, or put a brick through your bathroom window while you're having a shower.

[Allimacca]

It's a public highway, albeit small and very narrow

[Allimacca]

Legally on the road

[boxtops]

Unless you have a dropped kerb for vehicle access, I don't know what you can do, then. Speak to your local Highways department. Is yours the only house affected by inconsiderate parking?

[hc4361]

This is the back gate and not the main entrance to your property, I think?

[boxtops]

That's my interpretation, hc