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

poppysarah

Has the OP taken legal advice yet?

poppysarah

rahmeenjee wrote: »

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

He is a surveyor so has access to the sort of info that tells him whether he can bully you or not to gain this ROW.

Go make a free half hour appointment with a solicitor. One may even chat on the phone with you rather than you going in. Just explain the situation and ask what they think your best course of action is.

Ring one now. It'll put your mind at rest.

Running_Horse

How much is one of those old railway sleepers? Laid on the ground your side, it should ensure the gate is never open, and is less hassle than erecting your own fence.

Bogof_Babe

Running_Horse wrote: »

How much is one of those old railway sleepers? Laid on the ground your side, it should ensure the gate is never open, and is less hassle than erecting your own fence.

Not if it opens on his side, he'd just step over it.

never_enough

Maybe it is just so that he can maintain the fence, not for any other dodgy purpose. As previous posters have said he would still need to ask permission so can't just turn up in the garden at random times. Talk to him, ask why he's put in the gate, then go from there.

[Deleted User]

The next time you see him, casually ask him if he intends to leave the gate there since you now also have an extension and he can't go through your garden. You can then remind him that your gay lodger likes to sunbathe in the nude so in the meantime you want his permission to put a padlock on your side of the gate

pia

Hi,

If he has a right to install a gate on his side of the fence, you have an equal right to your privacy, so just block his gate with a big fence on your side and tell him you need your privacy and don't want anybody accessing your garden, and since u r getting extension done, there are materials, which could be dangerous, for anyone not knowing it. Full stop. If he argues/ further bullies you, be stern and tell him, he is pushing himself too much and you might be inclined to take legal action against him.

paddy's_mum

This is getting sillier by the minute - alligators, big holes, gay lodgers!

Many responders are forgetting that the neighbour has the absolute right to erect (in its proper place) any kind of fence he wishes. It can be skybluepink chainlink highlighted with tartan ribbons if the neighbour so wishes. No offence has been committed. Similarly, if the neighbour should trespass, that is a civil matter and the only remedy is a long and expensive trek through the civil courts.

I would suggest that those responders who suggest that you should (or possibly might) take legal action against your neighbour have either never been in that horrid and stressful situation or have deeper pockets to light heartedly pursue litigation as their hobby than most of us have. Legal action against a neighbour is likely to take between 3 and 5 years and cost upwards of £15,000. Having a gate may be a little mindboggling but as yet no offence whatever has been committed.

Perhaps those who have said that they would "put a stop to it" would kindly outline their lawful proposals since surely nobody is advocating physical threat, harrassment, intimidation or violent assault upon the neighbour, are they!

I have already outlined my own suggestions for ways to remedy the situation in a reasonable and lawful way. Sink a heavy steel stake into the ground close to the gate to prevent it being opened over your property. (Should it be that the gate opens inwards, a length of cheap but sturdy fencing will achieve the same ends)

OP Take good legal advice so that you can rest easy that you have acted wisely in your own interests and don't make the foolish mistake that so many on here have. Your neighbour may be a quantity surveyor and know as much about land law as you know about the breeding patterns of predators of the anopheles mosquito!

mikey72

I agree the gate is perculiar, but to be honest if I use a ladder near a customers fence I have just lifted the panels out to gain access, or even to put the ladder against the wall. A panel fence by no means provides any security.
I'd vote for a cold frame or a £100 B&Q shed behind the gate though, as you are not then touching his fence or gate, and not specifically stopping him opening his gate by any abnormal means, and both a shed or cold frame are garden items, situated by the fence normally.

[Deleted User]

It was only a joke, paddy'smom.