Neighbour has put a gate in the fence - should I be worried?

*jobags*

We live in a semi and our neighbour has recently put up a new fence along the boundary.
The T marks show the boundary on that side is his responsibility so that's fine
At the top end of the garden - it's around 100 feet long so around 90 feet from the house he has put a gate in the fence
He originally said that he was doing it so that if he has large deliveries e.g. fence panels/shed he can bring them up our garden (with our permission obviously) as he has built an exension and no longer has access to his rear garden from the street
However, we informed him months ago that we were building an extension and even before he put the fence/gate in we already had foundations in place so there is no garden access from our property either.

He is some sort of Surveyor so I am getting worried as he knows more about land law than we do

We have let him access his rear garden through our garden about 4 times over the last 5 years and I am worried that he will claim a Right of Way

We have put a very large and fast growing shrub right in front of his gate so he cannot go through the gate, he did tell us we may have to move it so he can use the gate but we ignored him

Is he likely to be up to something

I don't want to get into a dispute with him but I don't want anyone trying to establish a right of way through my garden.

Any ideas

Jo

Zelie

Well he can't claim a right of way unless there has been public access for 20 years. Your granting him access when he asked permission a few times doesn't count.

Otherwise, haven't a clue what he's up to. The only other thought which occurs is that if he has previously been granted permission to put up an extension then yours is more likely to be granted.

Grow a thornbush in the meantime.

*jobags*

Thanks:beer:

Our extension is nearly complete now - we showed him the plans etc before we applied for planning permission (which we obtained) but he still went ahead and put the gate in

There is now no rear access from our property

Perhaps he's having an affair with my husband :rotfl: :rotfl:

In which case, a few pricks from a thorn bush are neither here nor there

Jo

~Chameleon~

Maybe he thought it might be useful to have access to each other's gardens for parties/barbecues etc instead of having to traipse round the front and through the houses

jenny74

*jobags* wrote: »

There is now no rear access from our property

Perhaps he's having an affair with my husband :rotfl: :rotfl:

In which case, a few pricks from a thorn bush are neither here nor there

Jo

PMSL!! Are you SURE there is no 'rear access' ... Hee hee hee!
:rotfl: :rotfl: :rotfl:

Old_Git

put a padlock on your side of the gate

jenny74

Old_Git wrote: »

put a padlock on your side of the gate

Great idea!

Or maybe a fence panel so that if her opens the gate, he'll be faced with a fence panel.

kazwookie

I would just refuse point blank to grant him access to your garden...........unless he is going to cut the lawn or what ever for you

I like the fence panel / thorn bush idea, a large dog might also help!!

ben500

Better still put another gate up three feet away and build an arched corridor from his gate to yours so he walks around in a circle. rofl.

rchddap1

Personally I wouldn't like any neighbour to have access to my garden....no matter how friendly I was with them. I wouldn't feel like I could leave anything about because I wouldn't know who is wandering around my garden.

Thorn bush, fence panel, padlock, large dog....whatever it takes.

monkeyman1974

*jobags* wrote: »

We live in a semi and our neighbour has recently put up a new fence along the boundary.
The T marks show the boundary on that side is his responsibility so that's fine
At the top end of the garden - it's around 100 feet long so around 90 feet from the house he has put a gate in the fence
He originally said that he was doing it so that if he has large deliveries e.g. fence panels/shed he can bring them up our garden (with our permission obviously) as he has built an exension and no longer has access to his rear garden from the street
However, we informed him months ago that we were building an extension and even before he put the fence/gate in we already had foundations in place so there is no garden access from our property either.

He is some sort of Surveyor so I am getting worried as he knows more about land law than we do

We have let him access his rear garden through our garden about 4 times over the last 5 years and I am worried that he will claim a Right of Way

We have put a very large and fast growing shrub right in front of his gate so he cannot go through the gate, he did tell us we may have to move it so he can use the gate but we ignored him

Is he likely to be up to something

I don't want to get into a dispute with him but I don't want anyone trying to establish a right of way through my garden.

Any ideas

Jo

prescriptive rights would only usually be obtained by beneficial use which is not by force, secret or permission; and as mentioned over a longer period of time (convention says 20 years, although some shorter (not less than 12 though)). no worries on that front, although sensible maybe to keep a record