My back gate leads onto a private close, do i have the right to walk through the close to access it?

Question

I live in the UK.

Answer 1

No coz u just said its Private. think

Answer 2

If the land you speak of is private, then you probably do not have right of way unless by prior arrangement with the land owner.

Check out where you live with Ordnance Survey. You may find that the close of which you speak, is a public right of way.

Also check the Land Registry to find out who owns the land where the private close is located.

Your Town Hall may be able to help you with this.

Since there is a gate at the back of your place leading to a close, it seems very likely that this has been used in the past as a means of access to your property.

One thing you must be aware of is that the 'land lord' or whoever owns the land may not want you crossing it.

Take care because the laws of trespass are now a criminal offence, which could mean you get a criminal conviction. Do not tread on the private close until you are absolutely sure you do have right of way.

Answer 3

Hi,

You need to find out who owns the land where the close is, then find out if there is an easement that gives you a right of access. Check the Land Charges Register.

The gate was put there to:

1 Gain a right of way granted by a registered easement.
or
2 Facilitate and assist the construction of the building on the property where right of way was granted for this purpose only.
or
3 The gate was added later and there never has been a legal right of way.
or
4 There used to be an easement but it has now been revoked through development or evolution of the area. (Unlikely)
or
5 There is an implied easement through custom and practice. (It may be difficult to show this).

There are one or two other legalities that may cover this but if they are pertinent you would have to consult a solicitor that specialises in land law because they are too complex to discuss here.

Hope this helps

Good luck

Answer 4

Absolutely not. It's like having a gate that opens onto your neighbours yard, unless the two of you have a written exemption signed by the two of you, then you are tresspassing. Your neighbour has the right to have anyone caught on their property, charged with criminal tresspass. Just because somebody put an access gate from one private title to another, doesn't mean it's legal. Instead of wasting your time looking up council law, find the rightful owner and ask for their written permission to access the close, without it, no amount of local law will be able to contradict a persons right to privacy, sanctuary and against tresspass. And those laws will always take precedent in regards to private lands.

Answer 5

IGNORE ALMOST ALL OF THE ABOVE ANSWERS

Firstly, you will almost certainly have an easement that allows you to use that close for the purposes of gaining access to your back gate. The owners of the private close will have a covenant on their land giving you the same right.

In any event, if you have used it for a certain period of time, it becomes a "custom", which also then gives you a legal right

Answer 6

If your gate leads directly onto the private property, you should have Rights of Reasonable Access. Check your deeds to make sure of this, or if you rent, ask your landlord.

Answer 7

above replies are pretty much right, but also depending on your local by laws there is also a thing called right of passage.....[think that's the right term] where the general public or in this case YOU, have been allowed to use this passage for X amount of years and as such just cos the owner puts up a sign that does not change the right of thru way.....................

Best bet is check with the council and ask at your local library and see if / when any precedent has been set for this walk way.

Regards

Answer 8

Check with your local council. When the area was built access rules will have arranged. Which may or may not allow access.
If you purchased the property recently your solicitor should have looked into this sort of thing and advised you if there were any issues, and what you were allowed to do.

If you are not sure where to start with your council, find out the name of your ward councillor and get him/her to advise

Answer 9

Was your gate always there? as it seems a queer place to have it if you can't use it without trespassing? look at the original plans for your house and the private property.

Answer 10

You will have legal right of access, this should be shown on your deeds, and if you rent, your landlord will be able to confirm this. I can't imagine a circumstance where a solicitor would have neglected to include a right of access for a rear gate, so I am certain you will be fine.

Answer 11

Check your deed you may have a provision in there for an easement. In USA many deeds have this IE a power poll strip cuts trough their property