Gate in neighbours fence to my garden?

yoda84

Hi Guys,
Since i moved into my house i've had problems with my next door neighbour which last week resulted in him assaulting me and me phoning the police so im hoping by errecting a fence it will keep him at bay and also add some security to my property. my question is this:

I own the fence to the front, left and back of my property, he owns the right hand side. But at the front (right next to my front door!) and at the back (right next to my patio doors) is a gate, in his fence that gives him open access to my property. Is this legal?

I know i can errect a fence within my own boundary and theres nothing he can do about it, but if i can make him pay to have the gate removed then it will save me a few quid.

Also, at the front of the property it looks like this:





I've read online that the boundary on such properties lies down the middle of the two houses where the cavity runs. which would mean the outta edge of his fence should end in the middle of the brick wall, yet it goes all the way to the edge on my side. is this right?

Sorry if its not very clear, i'll try taking some pics tonight too.

Thanks in afvance guys
Darren

GRM

Attach a bolt and padlock on your side of the gate?

yoda84

Hi,
Thanks for the reply! Unfortunatley with the fence being owned by the neighbour we're not allowed to touch it without his permission otherwise we can be charged with criminal damage!!! (already looked into that route sadly!)

Darren

shiprob195

Could you put just one fence panel on your side of the boundry fence, in front of his gate (blocking it).

As long as the new fence and (his) fence were not attached, I could not see you breaking the "rules"

warehouse

shipr!!!95 wrote: »

Could you put just one fence panel on your side of the boundry fence, in front of his gate (blocking it).

As long as the new fence and (his) fence were not attached, I could not see you breaking the "rules"

The O.P. can build their won fence wherever they like inside their own property boundary, IE anywhere inside next doors fence. A very good solution.

yoda84

yh tahts what im thinking of doing, but was hoping there would be a way to get him to pay to have the gate removed though some "security" issue which allows access to my property from his fence. But thinking about it now, if the fence/gate is indeed past the boundary line it means either a)its mine to do what i want with or b) he's errected it illeagally on my land and he can get it shifted
any other thoughts?

t_obermory

How does he access the rear of his property? If you live in a terrace and the only access route to his garden is through your garden then no you can't block his gate off as it will show in the deeds as shared access.

If you live in a semi with individual access down both sides of the houses then I'd have thought you could do what you like in regards to erecting a new fence.

chris_n_tj

Does the gate open onto your garden or his? I would buy a cheap 6x4 fence panel and put it as close to the gate as you can, so he cant get into your garden.
Is there anything on your deeds that says its a right of way?

Edited to add, just spotted all other posts saying same thing, lol great minds and all that.
Chris n tJ

yoda84

yh its a semi and he has access to his rear and front gardens via a drive down the side of his property. i think Errecting a new fence is gonna be the route i take, i know its 2Meters in the back of the property but anyone know the legal limit for the height of a fence in the front? I've also read i can add a trellice ONTOP of the fence, eg 6ft fence+1ft trellice, and it would still be legal, is that correct or have i misread some things?

Thanks for all your help so far everyone!
Darren

EDIT:
the gate opens both ways, its an old metal swing style gate.

GRM

Sounds like a nice spot for a six foot tall Berberis shrub...

chris_n_tj

You can put a 6ft frnce up on the back, and the add a trellis as big as you like. My back fence is 8ft including trellis. But 2metres is a lot of land to lose, you need to check your deeds then you can reclaim the land back, well you can if the fence hasnt been there forever.
Good luck sounds like your neighbour is a bit like mine.
Chris n TJ

Front fence is 4ft then trellis ss missread