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

paddy's_mum

I wouldn't find this a situation of "no worries, mate". I'd view it as the acorn that steadily grows into a massive tree of a problem. This needs nipping in the bud now, in my view.

Monkeyman is quite correct in his description of how your neighbour could (over a very long time) obtain a private Right of Way across your land. However, as I see it your problem is really that you don't need this to erupt into any kind of neighbour dispute in the forseeable future.

Your neighbour's obtuseness (dare I say that he sounds as thick as a plank and as sensitive to others as an bulldozer!?) makes it possible that because he is not listening, you have a problem the first time he wants to bring something large into his property through your land. The fact that he chose to block off his own access may appear irrelevent to him if he still chooses to hear that he can bring it round your way.

It is my view that a great many neighbour disputes kick off because one party is too nice to say "Stop! Enough! No ..!" and the other party is hearing only what they want to hear. I once heard a trouble-causing neighbour say "I know you said you'd think about it [the height of a hedge] but you didn't say no, did you?"

The fact that your neighbour is some sort of surveyor shouldn't worry you. He still has to obey the laws of the land or the Orders of a Court, and if by some highly remote possibility it ever came to a court fight, I do not believe that a court would accept his own surveyor skills as expert evidence.

What would I do in your shoes? I'd be putting down a solidly constructed base for a pretty summerhouse right in front of that gate. At the very least, I'd have a large and heavy steel stake banged into my ground as close to the gate as I could get while still being sure that I was on my own land. Please remember that you do not own the gate and may not attach anything to it. The padlock idea mentioned earlier is not a good one. You must do nothing to the gate itself but you are perfectly entitled to use every inch of your land as you see fit.

You may be well advised to seek a one hour appointment to get the advice of a good solicitor who specialises in land law if only to get the reassurance you need that neighbour has no rights and that you are acting reasonably. I'd be concerned too and having had a boundary dispute, I would always now advocate dealing with a problem early and robustly. English niceness can backfire - sometimes you need to say no very loudly and back it up by demonstrating your strength. Good luck.

[Deleted User]

Old_Git wrote: »

put a padlock on your side of the gate

Actually, that is not allowed if it's his fence, you can't attach anything to it. I would plant a thorny bush instead. Or what about that pond that you always wanted?

~Chameleon~

paddy's_mum wrote: »

Your neighbour's obtuseness (dare I say that he sounds as thick as a plank and as sensitive to others as an bulldozer!?) makes it possible that because he is not listening, you have a problem the first time he wants to bring something large into his property through your land. The fact that he chose to block off his own access may appear irrelevent to him if he still chooses to hear that he can bring it round your way.

But they too have built an extension which blocks any access to their rear garden so this situation will never arise

poppysarah

You should encourage your kids to have loads of friends round and encourage them to play in next doors garden a lot.
Either that or get a big dog and leave the gate open.

Or tell him you're not happy and put it in writing that you would like him to take the gate away and replace it with a fence panel. Send a copy to his employer too - after free half hour consultation with solicitor - see what legals thing.
Or go the CAB and ask them to help you draft a letter -

paddy's_mum

As I read it, only the footings for the extension have been built as of now, not the physical building which will eventually prevent access. What is needed now, in my view, is to try to prevent any further reason to clash as well as deny access in the first place.

It is not for the OP to demand any changes to a fence which does not belong to him and which does not intrude onto his land, although a polite request may achieve the desired result. A gate is a perfectly acceptable thing to have until and unless it is opened and trespasses over another person's land. Encouraging one's children or dog to trespass on next door's land is also actionable in law and likely to be viewed by any judge as unreasonable behaviour. An extremely polite and non-contentious letter from an experienced solicitor to the neighbour may cost money initially but in the long term may be the simplest thing to clarify the situation in the neighbour's own mind.

What sometimes happens, of course, is that a neighbour doesn't hear 'no' in the confrontation avoiding comments one makes about "thinking about it/talk to my hubby/when we get round to it/once the spring arrives" and blithely carries on in the belief that "oh, next doors don't mind" It is that possible mind set that I suggest to the OP needs to be cleared up, amicably and soon.

I have only just realised the importance of the comment "send a copy to his employer". What the heck is that meant to achieve apart from landing the OP in deep trouble for malice and harrassment? He would be leaving himself wide open to a criminal charge. Sorry poppysarah, but that's very poor advice - should I now send a copy of your incitement to criminality to your employers?!

~Chameleon~

paddy's_mum wrote: »

As I read it, only the footings for the extension have been built as of now, not the physical building which will eventually prevent access. What is needed now, in my view, is to try to prevent any further reason to clash as well as deny access in the first place.

It's almost complete ....

*jobags* wrote:

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

olly300

Van1971 wrote: »

Actually, that is not allowed if it's his fence, you can't attach anything to it. I would plant a thorny bush instead. Or what about that pond that you always wanted?

The only problem is the neighbour is as thick or insensitive as he seems he will just move the gate along to another part of the fence. Unless of course the OP redesigns their garden so wherever is practical to put in a gate there will be dense undergrowth or a water feature in front of it.

loopy_lass

i hope i have unerstood this correctly and that the said gate is in his fence which is his property. so i would do these things.... 1st go log it with a solicitor, not to take action presently but just in case. I would also consider eiter putting said pond in, or rockery etc or putting a fence alongside his fence.

I would definately get adive from a solicitor and log it incase at a later date you need evidence. hopefully this chap is just a touch excenctric and nothing will come of it.

you could of course approach him and say how bizzare you think the situation is and can he explain exactly his intention, as if you were to sell your property it would take some explaining.

hth loops

Old_Git

plant a hedge the full length off the fence .

Davesnave

The solution the OP employed; planting a shrub, could be reinforced easily with a few more. I think that was very sensible thing to do in the first instance, so increasing the number would show the neighbour that any strange ideas he might have are non-starters. If he did ask to come through at any time before OP's extension is finished, OP could point out the unreasonable nature of the request and refuse. This would force the neighbour to justify what really doesn't seem justifiable: 'Er, I'd just like to dig up these five shrubs in your garden...' I don't think so! Most shrubs don't like being moved, especially if you have planted them carefully, following the instructions etc.

In cases like this, it is helpful to proceed cautiously without causing undue confrontation which might develop into a dispute. Fighting and winning may be very satisfying at the time, but you'll have something to declare when you come to sell the house and a nutty neighbour isn't a great selling point. I would run a mile! Also, people who mess with one aspect of your life have a nasty habit of repeating their actions in some other way.

As long as you know your legal position and stick to your guns (in the nicest possible way) I'm sure you'll be fine. You have a good sense of humour, and that helps too.

Useful links: http://www.nfh.org.uk/

http://www.gardenlaw.co.uk/