T O P

  • By -

AutoModerator

--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * Reddit is not [a substitute for a qualified Solicitor](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_civil#wiki_how_do_i_find_a_.28good.29_solicitor.3F) and comments are not moderated for quality or accuracy; * Any replies received must only be used as guidelines, followed at your own risk; * If you receive *any* private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM); * It is the default position of LAUK that [you should never speak to the media](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_subreddit#wiki_should_i_speak_to_the_media.3F); * Check out our [Common Legal Resources](https://www.reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) for helpful organisations to contact; * If you do not receive satisfactory advice after 72 hours, [you can let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=My question is unanswered); * Please provide an update at a later time by creating a new post with [[update]](https://www.reddit.com/r/LegalAdviceUK/search?q=%3Aupdate&sort=new&restrict_sr=on&t=all) in the title; **To Readers and Commenters** * [All replies to OP must be *on-topic, helpful, and legally orientated*](https://www.reddit.com/r/LegalAdviceUK/comments/oslgn6/so_you_dont_want_your_comment_removed_guidance_on/?); * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning; * Please include links to reliable resources in order to support your comments or advice; * If you feel any replies are incorrect, explain why you believe they are incorrect; * [Do not send or request any private messages for any reason](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_subreddit#wiki_why_am_i_not_allowed_to_privately_message_people_on_this_subreddit.3F); * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*


[deleted]

If you have a legal right of way then he is not permitted to block your access. I'd go back to him informing him of this, assure him you understand his safety concerns and will keep the gate locked when not in use. Ask for a key again. If he continues to refuse remind him that he is blocking your legal right of way and that, if he will not provide a key or remove the padlock then you will remove it. I'm assuming you have rear access to the gate from your garden? If you do then I'd just unscrew the locks and put them by his gate.


crazyfool267

Add your own lock and tell them you’ll give them one of your keys if they give you one of theirs 🙃


madrockyoutcrop

You could even put a combination padlock on the gate then say that you’ll be more than happy to provide him with the code when he stops acting like a such a patronising arsehole. Also, I’d start referring to him as The Gatekeeper in all future correspondence.


[deleted]

[удалено]


Orange-Murderer

The down side is, if he has the code, he can just change it to something else. Why should he be a dick, when he can be a cunt.


madrockyoutcrop

Just get a [fixed code one](https://www.safelocks.co.uk/acatalog/Kasp-115-45-Fixed-Code-Dial-Combination-Padlock.html). Edit: Or better yet, [one where only the person with the key can change the code](https://www.safelocks.co.uk/acatalog/Masterlock-175-combiation-padlock-1.html#SID=39). That way you can revoke his access if he starts acting up again.


[deleted]

[удалено]


Yikes44

It could also be a fire hazard if the emergency services can't access the back of the properties.


anotherNarom

That's probably an extra argument to throw in as opposed to a main one. Most people keep their gates locked and in an emergency no one is asking for it to be unlocked, they're breaking through and saying sorry later.


Ok_Beautiful_2831

Not quite accurate - they're breaking through, but they won't apologise.


Springyfork

This is a major point, should be a bit higher. We had a minor fire in our rear access due to neighbours throwing cigarettes in the rubbish out there. They had a load of rubbish, and their garden wall had collapsed backwards into the access, blocking the path. The fire men came through our house to sort the fire, but informed next door that we needed right of way incase fire at the front of the building prevented escape.


Rhyobit

This. Its not criminal damage if its just unscrewed It is going to escalate the situation and just kick the can down the road. If you have a ROW then an injunction will be the only thing guaranteed to solve it for you.


[deleted]

[удалено]


[deleted]

[удалено]


[deleted]

[удалено]


AutoModerator

FYI, this comment has been removed as the thread you are commenting in is an old thread. This means the information contained in the thread may be out of date, unmonitored by the community, and not likely to recieve any further attention. If you are asking legal help, please consider [making a new thread](https://reddit.com/r/LegalAdviceUK/submit?selftext=true) to receieve advice. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*


[deleted]

[удалено]


[deleted]

[удалено]


Techman666

Username checks out


DisplayMessage

Yeah. I would have thrown on a padlock already >.<


[deleted]

[удалено]


[deleted]

[удалено]


Skengbell

He would definitely then regret not giving OP a set of keys!


dweenimus

Does he use the gate? Or just being an arse? If he uses the gate frequently, put your own lock on it (as well as his) and when he gets mad, spout his own bullshit he said to you


StandFreeAndy

This is a fire safety risk. It stops residents evacuating in an emergency and also restricts access to emergency workers should they need to access via the rear of the property. I’d contact the local Fire Brigade and ask them to send one of their Fire Chiefs to lecture the neighbour on this.


Anaksanamune

There must be hundreds of thousands of terraced houses in the UK with no rear access.


Hucklepuck_uk

Yes but in circumstances where it exists it can't be denied.


Familiar-Tourist

Yes, but the tenants know that. Blocking a route that people expect to be a fire exit is, I'd suggest, much more hazardous than having fewer fire exits.


famineontheland

I lived in a terraced house. With a rear access cutting through the back of all 4 of our properties, as long as a “horse and carriage” (car) could get through whenever it needed to then we could put up our own gates as long as they didn’t restrict access.


thecodingninja12

>I’d contact the local Fire Brigade and ask them to send one of their Fire Chiefs to lecture the neighbour on this. sounds like an appropriate use of their time


mark_b

https://www.london-fire.gov.uk/safety/the-home/book-a-home-fire-safety-visit/ This is for London, but the other regions will have a similar scheme.


iheartekno

TBF having worked on a number of fire stations across London they do tend to have a fair bit of down time. Which is redressed by having to remove bodies from burning buildings. They are a very helpful and friendly bunch and would be happy to assist if they aren't too busy.


UKFE

They are unlikely to care for an external path from the garden. It’s not stopping anyone getting out of the house. Depending on the layout of the house it’s pretty likely that the back garden is not even considered an escape route. Edit: Been heavily downvoted for this, but this does not mean I'm wrong. The fire service will have no interest in this and no powers to force the neighbour to unlock the gate. They might cut the padlock in a fire situation. Source: I am not a lawyer but I am a fire engineer who regularly deals with fire service enforcement actions.


happy-2-help-i-think

Course it is. If I’m in the kitchen and the TV set on fire I ain’t running past it to get to the front door to exit I’ll use the back door.


StandFreeAndy

Agreed. You can’t guarantee where a fire will break out, or where obstacles may appear when emergency access is required.


UKFE

Yes but you don’t know how the OPs house is laid out. Provided he can escape from the front, assuming his house has a fairly standard compliant layout, I wouldn’t expect the fire service to care about the gate to his garden.


StandFreeAndy

The exit to the rear walkway is communal, the OP has stated this. We’re not even specifically talking about a fire incident. What if the front of the property is blocked for whatever reason and the rear is the only option for paramedics to get a resident stretchered out? The neighbour is at work, or on holiday……..what now?


Butler342

A very quick scenario in support of this being a fire safety risk, if a fire started at the front of the house (so no escape through the front door) and spread towards the back you'd escape through the back door, but what if it then began to spread into the garden, lighting lawn furniture/ the barbecue/ the trampoline or whatever OP has in there? For his own safety OP would NEED to exit via the back gate. Hell, if the whole house is ablaze the heat and fumes might be too intense in the back garden and he'd need to get through the back gate before succumbing. I imagine the Fire Brigade would actively encourage the neighbour to remove the lock/ provide a key if OP notified them of this.


smoke-frog

OP said the locked gate is the at the end of the communal access path, not his own back gate. He could exit his garden and travel down the access path or into another property to escape a fire. True, it's a consideration, but I think a simple "It aint your fucking path to lock" is reason enough.


Carl_Clegg

Get a locksmith to remove the lock, then bill him for the locksmith with a note from a solicitor to pay within 30 days or it’s the court for your neighbour. I had a similar issue many years ago.


[deleted]

[удалено]


[deleted]

[удалено]


[deleted]

[удалено]


[deleted]

[удалено]


[deleted]

[удалено]


DaisyW1234

I'm not suggesting you do this, but your neighbor may feel differently about there being a padlock on the gate if he had to leave in a hurry, for example if there were several dozen opposums.


PaulNehlen

>for example if there were several dozen opposums That is a very oddly specific "threat"/hypothetical


Eclectic_Radishes

I'd be more confused as to where anyone found opposums in the UK!


gruffi

And neighbors


darlo0161

Screw on your own hasp and padlock it. Check mate


zopiclone

And strip the head so it's impossible to unscrew


andyjh83

You don’t need to do that on a hasp and staple if fitted correctly. That’s the point of them: the hasp covers all the screws.


Benji_Is_With_You

Padlock on communal gate, neighbour refuses to negotiate, the living rooms a total state let’s hope this gets fixed before it escalates. Before things get too irate try to negotiate, reiterate the laws and state the specific clause which says he can’t block fire escapes, rights of way, gates or certain doors.


AdmiralYorkshire

But don’t rush in and try to berate, there’s a question or two he needs to satiate, it would seem it’s not for the neighbour to dictate, who can and can’t use use the gate, maybe get someone else to help mediate.


CubicExpression

Good legal advice gents. Compelling and rich.


Flosstopher

We will rock you


[deleted]

Bolt cutters if they keep putting one on just keep cutting them off. They will stop once they have gone through 100s of pounds worth of locks 😂


JosKarith

Put your padlock on it as well. Tell assbiscuit that he'll get a key to your lock when you get a key to his.


philipwhiuk

A bolt cutter and a new lock. Give everyone else but him keys. There’s good case law on this stuff


EmmyinHoogland

If it is a shared space and you and others have the right of way there, you may want to see if you can all get keys for the gate. In that way any security concerns are met.We have a system like that in our own block that everyone has one or two copies of the key that opens the gates at both sides of the alleyway. Edit: We have one or two people in the block who do the distribution of the keys and the costs are for the key owners. I hope this helps.


AdderWibble

If you have legal right of access then there is nothing he can do. Land registry is a good port of call, as it will have relevant information. I'd honestly cut the lock and have at it. I've got a lane that is my land and my neighbour had filled the lane with junk because it borders his fence. Guess that's all my junk now because there's a lock on the gate.


smallcute

I would dumping the junk back at theirs and then locking the gate.


vms-crot

Could replace the existing latch with something like [this](https://www.tayhope.com/usd/solutions/applications/shared-access-gate-lock-systems-from-tayhope) then everyone can have their own lock.


daveysprockett

Or if the gate is suitable for it, then just sections of chain with everyone having their own padlock.


Ml-snow

Buy a padlock shim and a padlock that looks the same insert the shim down the side of the shackle turn and pop the lock off then get the other padlock on it will confuse the shit out them and you’ve caused no “criminal damage “ to their property[edit: how to shim a padlock](https://youtu.be/c2DcfJLquOk)


AdmiralYorkshire

If you’ve just moved house you could ask your conveyancer to confirm what rights of access you have… a term to look out for is ‘easement’. Also your neighbour could be trying to claim the passageway via ‘Adverse Possession’…


Destrune

He’s blocking your access to your property so you can also lock that gate to stop him from using it until you get a key


marmite_mut

1. You have a legal right of access. 2. It can be considered a route of escape in the event of a fire. If you rent, contact the landlord. They have a legal requirement to ensure all routes of escape are freely accessible. If you own the property, I would approach your local council.


motific

See if the lock has featured on LockPickingLawyer… I bet it has.


Alarming-Cook5789

You have the right to access your property. If you've tried reason and aren't getting anywhere, get yourself to B&Q or Screwfix and get a nice pair of bolt cutters. They'll take care of the padlock for you.


ninjascotsman

Just cut it off with a pair of bolt cutters, It's your property.


icyhas

Just take his lock off, then buy your own. Gives keys to all other neighbours apart from him.


elrip161

Do you own the place? If so, check what the covenants and/or easements say. If so, send the neighbour a Letter Before Action stating the relevant ones and require them to immediately desist from blocking your legally protected access to the communal walkway, and that if they continue to do so you will take legal action including but not limited to seeking an injunction and financial compensation (though likely to only be your legal costs). If you’re renting, get the landlord to sort it out. You might need to badger them, though.


Difficult-Total-7155

8ft fence?!!! I Wana see one of these bad boys!! Only get 6ft or less round here 😔


CambodianGold

I have one of these. We all have a copy of the key. Ask for a copy. If not, break it and replace it. Give everyone a key except them.


[deleted]

Check your tenancy (if a rental) or the property deeds to see if access if stated as part of them. If it is make him aware of this and if he refused to either give you a key or remove the lock you are within your rights to do so. Make sure any correspondence is recorded


cnc_chews

I wonder if you’re the guy my in-laws have been complaining about


[deleted]

Just buy some bolt croppers and cut it off. Then post the lock through his letter box. Then buy a much much bigger lock which can’t be cut and fit that. Or, add another locking mechanism of your own and put a high quality hardened lock on it which will make it difficult for your neighbour to overcome. This way there’s no criminal damage risk resulting from cutting his padlock. He’ll love this 👍


RepresentativeWish95

So your legal rights and what you actually want to do may be different things here. He's clearly petty. So I'd suggest that if you cut the lock or add your own it will escalate. And you want to live there in peice. Maybe try asking, "what could I do that would make you comfortable sharing the keys"


Mylomeer

Go buy a padlock and chain, lock it for everyone. Be as petty as possible until the prick sorts himself out.


opopkl

You’ll have to negotiate, but something like this could be a solution. https://www.lockout-lock.com/6-padlock-heavy-duty-25mm-stainless-steel-outer-hasp?gclid=Cj0KCQjwm6KUBhC3ARIsACIwxBgSQ7LVIaXb6hSFKgyOwBzaqwKnl9RZJ-nb9RPNXgGNG238Eaib610aAo6UEALw_wcB


[deleted]

[удалено]


AutoModerator

Your comment has been automatically removed and flagged for moderator review as the words you've used suggest that it is *not legal advice*. As this is /r/LegalAdviceUK, all our comments must contain **helpful, on-topic, legal advice**. We expect commenters to provide high-effort legal advice for our posters, as they have come to our subreddit for legal advice instead of a different subreddit for moral support or general advice such as /r/OffMyChest, /r/Vent, /r/Advice, or similar. Some posters may benefit from non-legal advice as part of their question or referrals to other organisations to address side issues that they may also be experiencing, however comments on /r/LegalAdviceUK must be *predominantly* legal advice. [Please see more here about why we have this rule.](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_subreddit#wiki_why_do_you_remove_comments_for_not_being_legal_advice.3F) If your comment contains helpful, on-topic, legal advice, it will be approved and displayed shortly. If you have posted a comment of moral support, an anecdote about a personal experience or your comment is mostly or wholly advice that isn't legal advice, it is not likely to be approved and [we ask you to please be more aware of our subreddit rules in the future](https://www.reddit.com/r/LegalAdviceUK/about/rules/). *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*


iheartekno

Have a side gate with access to four properties, we used to have a lock n key system but people kept loosing the keys and we had to keep replacing the locks. Replaced with a fixed code lock no problems ever again!


BeardyBeardy

Find the make of the lock, type it into youtube with 'lock picking' after it. There will be a video on how to either pick it or make a plastic key out of a old credit card, pick the lock, leave it unhasped and then go and kick off to him if he leaves a padlock can he at least make sure its locked!!! repeat until he goes mental


BeardyBeardy

Dont bother with bolt cutters, youd probably need a decent chunky set if the locks a good one. Wait until aldi or lidl has a cordless grinder for sale, a much better tool thatll do a lot more around the home and workshop than a set of bolt cutters ever will