Shared access

[moonstar]

Hi we recently extended our garden as we are going to have a conservatory (we have an access path running through our garden for 2 of our neighbours until now we had trees in front of the path) .
We have a gate as do our neighbours which we have put a paddlock on, 1 of our neighbours has asked for a key, I don't think they should have a key and they should let us know when they will be walking through our garden, what if we had children or pets or even plan to have a day sunbathing, do they have a right to waltz through with the window cleaner/builder or even themselves? they can certainly have the access they want however, I don't think they should have a key anyone know the law on this? Before they didn't seem to use it and once put twigs and branches on the path to deter cats!

[Ethel]

What does it say on your Title? And their Title?

If it is unfettered access, they must have a key.

[Twenty20]

I'm not 100 percentage sure from your post where the gate is that youve put a lock on. Is this only to your garden or is it on the path that gives access to your neighbors properties? If it's on the access to their property then as far as I'm aware you can't lock this, or block the access in any way. If the path giving them access goes across your land then, unfortunately, they can have access whenever they wish. Your solicitor should have advised you on this when you bought the property.

[moonstar]

Thanks for you answers We don't mind them having the access , however it would be nice if they let us know, the lock is not to stop them using it but for security.

[flyciderman]

What did your solicitor say bought the house?

[buildersmate]

As Ethel points out, the first issue is 'Is there a statement in the Title Register of your property that grants each of the properties a right of access to their land through your land'. If there is, you have no legal right to stop him. Have a look at the wording and see what it says.
The second point is, assuming yes to the first, can you put a padlock on it. Yes you can for security reasons but you must give them a key. If they have a right of access, it will at any time and with no obligation to give you notice before they do it. It doesn't matter if they haven't regularly been using the access up unitl now - their rights do not disappear.