I need advice about gates and lane.

Briany3

Just bought a house, there is a lane between our house and the next house. went to get a key for the gate, and i was told i had no right to it or the lane.
Now the lane right down the side of our houses and back gardens, and the gate is bolted to my wall.

The guy i asked for the key refuses to give it to me He said the lane Leeds to his garage and another person he said they owen the lean. HE claims he put in the concrete, erected the gate which is attached to my wall

I thing he might have gotten written permission of the previous that lived in both houses.

They 3 and 4 doors away from the gate

Any ideas suggestion would be gladly excepted. Briany3

Diddler1977

Check your title deeds - it will show exactly what you own and have a right to.

Perhaps this thread should be moved to legal discussion?

redved

Title is the only way to check this out. Talk to your solicitor. If its not on the title it could be a problem.
If its not there you'll need to prove that a right of way existed. Get in contact with the previous owner
and ask what access rights they had.

Not legal advice only what I've picked up myself over a very similar issue. good luck

Victor

Seriously consider determining if you have a right to maintain that side of your house.

Graces7

Typical of Ireland. Does the lane lead to his garage? We have had similar issues in three houses; one when a farmer renting the land around the house had been using the laneway to marshal his cattle. We simply put new locks on the gate.

IF this man has any legal right he will seek legal help. In that case he did not. And in the situation we have been sorting here, that was true also.

You will be wise to get a solicitor's advice; but surely this would/should have been sorted during the sale? Maybe the solicitor who did the conveyancing needs to be told of this?

Pudding11

You should definately go back to the solicitor who you dealt with during the sale. They would have had to carry out a property search to check the title to the land and anything like this should have come up. Generally if someone has some sort of right of way or lien like this, you should have been advised of it by your conveyancing solicitor before the sale went through.
This is based on my own experience buying a house last year! Good luck!

Graces7

Thinking back; the laneway issue was that the farmer had a "wayleave": this was a rental so it was different of course. There was an insert on the lease that said that if we locked the gate then a key must be "available". Well. OK: let him call at the house.. and we will say NO as we are not happy to have cows at our door!

It was in no way enforcable. And he never did that of course.

But the shoddiness of some solicitors does not surprise me any more. And this is probably what this is; unless the man is simply trying it on which sounds likely in which case a letter from a solicitor will sort him out.

It can be very hard to do this at first, but it gets easier as time passes.;)
In your situation I would simply change the lock and keep the gate locked.

Kosseegan

This is something that should have been checked before signing the contracts not after you moved in. Did you engage a surveyor? Did your solicitor sit you down with a diagram and ask you confirm the boundaries of the proposed purchase? You should see a different solicitor about this if you are in any doubt as to whether you have title or rights to that lane.

ricman

This should have been sorted out before you bought the house ,most people who have lanes behind the house have acess to them,if theres a gate they have 1 key, unless theres some special legal agreement that bars you from the lane.And the gate is attached to your wall ,ie the previous owner ,years ago could have had acess to the lane,before the gate was put up.