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  • Gates

    We have rights of access down a 1/2 mile track to our house.The farmer that owns the track has a grudge and erected two gates on the track with the sole intention of deterring us and other users. He has also hinted that they maybe padlocked if left open. We are in Scotland where the access law is different and whilst the gates maybe legal, does anyone know the law regarding locked gates on tracks that people have accesss over?

    Thanks

  • #2
    I'm afraid I'm no help there, but I can get you a good pair of Bolt Croppers for less than a tenner if thats any use ?



    Ogre
    'And if the elevator tries to break you down..... Go Crazy..'



    Prince

    Comment


    • #3
      Hi Jdhp and welcome to NFHiB



      I'm afraid I can't answer your query, but HN has made some good suggestions.



      I'm just wondering why this guy has a grudge? :unsure:



      Do keep popping back to check replies and keep us posted as to how you're getting on.



      :nfh1:

      Comment


      • #4
        Hi

        Thanks for all your interest. We have been in dialogue with him but he is just bl**dy-minded because we objescted to some planning permission. Yesterday he removed the two wooden gate posta and concreted in two girders in their place, with chains ready ready for padlocks

        Comment


        • #5
          hi there

          hope these links might help you a little bit, mainly about ramblers rights of way but might help you with your problem!





          ramblers a**. access



          books on law, and tips



          Scottish excutive draft

          Comment


          • #6
            Hi



            Belated welcome from me



            What a pathtic creature you live nearby, just because he couldn't stomach the democratic planning process, he's decided to be vindictive :frown:.



            I always believed that if you had access, then nobody has the right to impede this and in Scotland, I thought that the rights were more weighted towards the user too. :unsure:



            Alas, as we often discover, commonsense does not always play a part in these matters, so it looks like you're going to have to seek some sort of legal assistance - whether it's by your own steam or by appointing someone. The others have already given great advice on this !



            I would suggest, though, that if you do have to speak to a legal bod that mediation is offered because it's way cheaper and if things go any further, the fact that you offered mediation will be in your favour.



            But I do hope it does not go any further and that you can get this dealt with quickly as these things are simply money spinners for the lawyers and courts...



            Please let us know how you get on - we are here if you need to have a rant at anytime!



            Mazza

            :ban:

            Comment


            • #7
              Hi Everybody



              Thanks for your help and ideas - its good to know that we aren't alone.



              Just to come back on a few points:



              1. There is another access road, but this is irrelevant

              2. We have 'A heritable and irredeemable servitude right of vehicular and pedestrian access'



              How do you go about getting mediation?



              Thanks

              Comment


              • #8
                Hi



                You should be able to find your local mediation service here:



                Mediation Services



                Hope it helps .



                Please keep us posted with how you're getting on .

                Comment


                • #9
                  Hi jdhp



                  If you have tried to speak to your NFH already and got nowhere then I don't think you'll have much chance of mediation before the gates are up...so I guess that all you can do now is this:



                  You must urgently seek an interim interdict against this idiot, this will stop him in the meantime whilst you can take him to court proper (or seek mediation). He has shown clear intent, by putting these posts up that he will be putting up gates across your access to impede your right of way. You have undisputable servitude right of access and the fool is simply NOT allowed to interfere with this.



                  Go to a solicitor asap on Monday if you want them to deal with it - otherwise phone your local sherrif court and seek advice on how to serve one yourself. The Court Clerk will be able to give you lots of help and advice and there are many leaflets to help you too - so don't be shy.



                  Great good luck to you - I hope you get a swift result (and don't forget to claim all your costs too - grrrr I hate NFH who make us waste our money...)



                  Mazza

                  :ban:

                  Comment


                  • #10
                    Oops forgot to also say that you must try and deal with this before the gates are up because it will drag on and on for longer if he has managed to put them up first :sad: Plus you will not be permitted to touch them in any way - not even to open them etc :frown:

                    Comment


                    • #11
                      :thumbs: Thanks again everybody



                      A few points etc



                      Gates are already up (legallly ok) New posts just replaced - girders with chain attached, can only swing one way, catch now very tight against post.

                      He has only implied that they will be locked

                      If they are locked presumably the area needs to be illuminated? Also at the moment there is no way of securing the gate when you drive through - who would be responsible if my old banger suffered damage as a result of the gate being blown in the wind against my wing?



                      Would an injucntion be against the nfh from locking the gates (ie pre-emptive) even though he would argue he wasn't going to?



                      We are about to go away for Christmas and am loathed to do anything until we return.

                      If he does use padlocks he would have to give us keys ( thus arguing, I guess that he is not preventing Access ) - should we (and our other neighbours) refuse to accept them



                      So many ifs buts and maybes!



                      JDHP

                      :cry:

                      Comment


                      • #12
                        Oops,



                        My mistake, I thought he hadn't put the gates up yet :blush: .



                        Oh it really makes things way more difficult cos they are his property and you say that he put them up legally...



                        The interim interdict could be sought because you have strong reason to believe that he will be locking the gates and therefore impede your access because you say that he has hinted (verbally?) that he will lock it plus he has chains at the ready. I am pretty sure this will be enough for the Sheriff to grant interim interdict until you can clear it all up legally.



                        Let him argue that he wasn't going to - he'll have to lodge his undertaking with the Court and there's no going back then, otherwise he'd be in contempt which is punishable with a quite sizeable fine and/or imprisonment.



                        I don't blame you for not wanting to deal with this before Crimbo! You could take a chance and leave it, but it's really up to you how quick you feel it's going.



                        Do you have legal cover on your household insurance? Do check because you might be covered for taking action over this matter. :thumbs: Usually a quick phone call to your insurance co will reveal all.



                        What are your other neighbours' feelings about this? Are they prepared to join together with you to fight this?



                        I would seek legal advice before discussing this any further with your NFH or accepting keys etc, just in case you do something that could be detrimental to your case in the future . The solicitor can also clear up the question of liability if any damage is caused to your car by using them (I suspect NFH would be liable, but I am not a legal expert).



                        Please keep us posted and best of luck :clover:



                        Mazza

                        :ban:

                        Comment


                        • #13
                          split from gail's topic and merged with Jdhp's original story. HN



                          Originally posted by Hazelnut@12th May 2004 - 1:56 PM

                          (from Gail's topic)


                          He can put the gate.



                          You said it was OK.



                          He does not have to leave it open.

                          Land ownermust not lock it.

                          You, as a user, do not have to leave it closed!


                          We have a similar ongoing problem - we have access down a half mile track and the NFH has put up two gates purely to annoy us.

                          We have had legal advice etc etc but are getting nowhere.



                          However I was very interested to read from Hazelnut that although he has erected the gates we do not have to shut them - is this correct?

                          We are in Scotland, would the law be different?

                          Comment


                          • #14
                            Thanks.

                            It is not a public right of way, but we(or our property) has heritable rights of accesss

                            He could put livestock on the ground, but would these not impede our access?

                            Comment


                            • #15
                              Belatted welcome, Sorry to hear about your problems.



                              I do know that you will probably find things called 'Covenants' and 'Easements' in your Deeds, these will normally refer to your rights of access and egress over this farmers land. I would advise that you get a copy of your Deeds and have a good read, you may find this of use later. Also check with the planning department over the original planning decision that allowed your properties to be built, as these may also refer to your access rights and this farmers obligations.



                              Good luck. Have a nice holiday

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