It is common with rural properties for access to be taken over another person's land. However, what happens if that access is blocked by the landowner?

Your rights

If you have a formal right of access over a track that leads to your property, you are entitled to exercise that right without any unreasonable obstruction.

A gate is not an unreasonable obstruction, if a person of average strength and agility would be able to open it without inconvenience.

A locked gate would, however, constitute an unreasonable obstruction if you have not been provided with a way of opening it. Another example of an unreasonable obstruction would be if large boulders were placed across the track, making it impassable.

What do you do if faced with an unreasonable obstruction?

In the first instance, I would recommend speaking to the landowner to establish the purpose of the obstruction. If the landowner has a legitimate reason, such as (with the locked gate example) preventing livestock from escaping because of people leaving the gate open, there may be a compromise, such as replacing the padlock with a combination lock that can be accessible to anyone that needs to use the gate to access your property.

All efforts should be made to resolve the issue amicably, as it could become expensive if you have to seek recourse through the courts.

If direct communication doesn't work, mediation is another option. Both parties would have to agree to pay for a mediator to be appointed to guide them towards a resolution.

If neither option works, the next step would normally be to instruct a lawyer to write a pre-action letter, giving seven days (or less depending on the urgency) to unblock the access, failing which you'll raise a court action and seek the expenses incurred in doing so.

What happens if these options don't work?

If that fails, then you may be left with no option other than to instruct a lawyer to raise a court action in your local sheriff court, seeking an order preventing the landowner from blocking your access.

The order can be sought on an interim basis and as a final order. An interim order, if granted, would be enforceable pending the final outcome. It can be a quick way to have the access restored pending the final outcome.

It is important to note that if an interim order is granted but you ultimately lose the case for a final order, you could be found liable for any loss incurred by the farmer as a result of the interim order having been in place.

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