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    • Mark G
    • By Mark G 11th Jun 17, 1:09 AM
    • 34Posts
    • 10Thanks
    Mark G
    Fencing and gate
    • #1
    • 11th Jun 17, 1:09 AM
    Fencing and gate 11th Jun 17 at 1:09 AM
    Posted this on another part of the forum, but was suggested to repost here.

    I live in a top flat of a 4 in a block of flats owned by a housing association. For years 3 of us have never really got on with the 4th.
    He is now erecting a fence between the gardens, which in my view is not a problem as such.
    the problem is that he is building it with no access directly to the back of the house, ie there is no gate to allow me and my downstairs neighbour access to our windows or gutters etc.
    He is building the fence from the bottom of the garden to the wall on the side of our property

    Does he have to put in a gate by law or not?

    It would be handy to know before I complain to the housing association on monday, at least I can go armed with some info!
    In The Silence Of The Night, We Still Hear Their Screams...
Page 1
    • Davesnave
    • By Davesnave 11th Jun 17, 8:02 AM
    • 22,588 Posts
    • 87,436 Thanks
    Davesnave
    • #2
    • 11th Jun 17, 8:02 AM
    • #2
    • 11th Jun 17, 8:02 AM

    Does he have to put in a gate by law or not?

    It would be handy to know before I complain to the housing association on monday, at least I can go armed with some info!
    Originally posted by Mark G
    What does the legal paperwork for your flat say about access to the windows, gutter etc? That will be the key thing here.

    Under the Access to Neighbouring Land Act, you have a right to enter a neighbour's property, by prior agreement, to perform maintenance work, but obviously, you want something less formal.

    Do you know if the HA has been involved with this? They may have rules about what they'll allow, just as a freeholder would probably need to be consulted if it were a privately owned block of flats.
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • Norman Castle
    • By Norman Castle 11th Jun 17, 8:15 AM
    • 5,942 Posts
    • 4,692 Thanks
    Norman Castle
    • #3
    • 11th Jun 17, 8:15 AM
    • #3
    • 11th Jun 17, 8:15 AM
    If the garden is shared he cannot block your access to it or prevent you from using it. Speak to your landlord. Its likely he will need their permission to fence the area.

    I've got a similar neighbour who likes to claim the garden as theirs because they are on the ground floor. Its called wishful thinking. Ask the HA to clarify who has use of the garden and to explain this to all tenants.
    Last edited by Norman Castle; 11-06-2017 at 1:09 PM.
    Don't harass a hippie. You'll get bad karma.
    • davidmcn
    • By davidmcn 11th Jun 17, 11:31 AM
    • 5,391 Posts
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    davidmcn
    • #4
    • 11th Jun 17, 11:31 AM
    • #4
    • 11th Jun 17, 11:31 AM
    Are you and the neighbour both tenants of the HA? Even if your tenancy agreements aren't explicit about it, I would have thought you all have an obligation to allow access for necessary maintenance etc of the other flats. That doesn't necessarily means he has to build a gate - he could just let you through his flat.
    • G_M
    • By G_M 11th Jun 17, 12:49 PM
    • 40,067 Posts
    • 45,753 Thanks
    G_M
    • #5
    • 11th Jun 17, 12:49 PM
    • #5
    • 11th Jun 17, 12:49 PM
    1) what does your lease (if you're a leaseholder) or your tenancy agreement (if a tenant) say about the garden? Do you have access? Is it communal/shared? Do you 'own' a specific area of it? Or none of the above?

    2) If the HA owns the freehold, surely it is the HA you should be asking about this?

    3) whether a fence has to have a gate in it depends on whether anyone has a right of access through the fence. A fence with no gate would by definition block access and breach whatever right the other person may have.

    But no, there is no law that says that all fences must have gates. There are 100s of fences around the country with no gates. Indeed, the fence round my garden has no gate.
    Last edited by G_M; 12-06-2017 at 1:35 PM.
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