Our house, one of eight, is on a private road and we each own that piece of the road in front of our houses. Recently some fly-tipping occurred.
To generally improve security we want to install a gate at the entrance to our road but one resident is objecting. As seven of us are in favour do we have the right to go ahead on the basis of a majority?
Sorry, democracy does not prevail. Each of the eight properties has an individual right of way either written in their title or by long usage and can frustrate any limitation in freedom of use.
However all is not lost. A case from 1860 established a test still applied by the Courts today. Namely, the ease of use must not be materially reduced. In practical terms automatic gates with delayed opening sufficient to allow a CCTV image to be caught are acceptable but padlocks, remote fobs, keypad codes etc are considered interference with ease of use.
Subscribe today for just £3 for 3 issues...
The opinions expressed are those of the author and are not held by Saga unless specifically stated.
The material is for general information only and does not constitute investment, tax, legal, medical or other form of advice. You should not rely on this information to make (or refrain from making) any decisions. Always obtain independent, professional advice for your own particular situation.