Tearing down neighbours' gates

Helen1971

Hello, I wondered if anybody had experience of something similar to my current situation, or perhaps an informed view, please?

My husband and I live at the end of a long drive serving three houses. We own one half of the drive, which is divided lengthways, with a wayleave (I think that's the correct term!) allowing us to drive over the other half.

Our neighbours on either side are 1. A couple and 2. Their daughter and her husband.

We've had months of hassle over the electric gate at the end of the drive, which was installed when our vendors lived in our house and which belongs to the houses on either side, not to us. In a nutshell, we want it to stand open whilst the neighbours insist on closing it all the time which causes us no end of hassle with deliveries, guests etc. I asked for advice on this board during the summer, to which I received some helpful responses.

Since then, our neighbours have had the gate altered such that it can't be fixed open at all, without our consent, and have refused reasonable requests by us to discuss the gates to reach a compromise. We've reluctantly engaged a solicitor, who wrote to them to say that since one of the gate posts is built on our land - our half of the drive - and since we don't want the gates there, that they have until 31 October to remove the gate post and the gate that hangs from it. We've had no response yet.

Here's the questions:

If we tear down the gate post and gate ourselves, which our solicitor tells us that we have every right to do, does anybody have a view on what sort of counter action we could expect from the neighbours? We plan to leave the gate and gate post on their drive, since it's their property.

Could we reasonably send them the bill for tearing up the gate post and making good the drive beneath it? If so, and they refuse (which, of course, they will) would we be able to bring a case in small claims? If we won, how could we enforce it?

One of the neighbours is attempting to sell their house. Could we use this as leverage to get them to play ball? Could I reasonably inform their estate agent that they are embroiled in a dispute with us over access, and would they be obliged to disclose it to potential buyers?

The other gate post stands on the neighbours' side of the drive and has a gate hanging from it. If they were difficult, and kept that gate in place, would we be justified in taking that gate down because it would be blocking our right of way? If a single gate remained in place, we couldn't get our car in. Our solicitor advised using the trespass argument (I.e. gate post on our land) rather than right of way, since it is a more decisive argument.

Very grateful for advice or others' experiences.

McKneff

Only thinking common sense of my part but

Tearing down someones gate/gate post = criminal damage.

Be very careful.

Fire_Fox

Why do you want to 'tear down' anything? That is an inflammatory word evoking thoughts of violent action. Why do you want to ruin the neighbours chances of selling? Sounds manipulative and selfish not reasonable at all.

olly300

Helen1971 wrote: »

Here's the questions:

If we tear down the gate post and gate ourselves, which our solicitor tells us that we have every right to do, does anybody have a view on what sort of counter action we could expect from the neighbours? We plan to leave the gate and gate post on their drive, since it's their property.

How could anyone guess how the neighbours will play it.

Helen1971 wrote: »

Could we reasonably send them the bill for tearing up the gate post and making good the drive beneath it? If so, and they refuse (which, of course, they will) would we be able to bring a case in small claims? If we won, how could we enforce it?

What is your aim? If your aim is just to get them to remove the electronic gates then doing this stuff will just make matters worse.

Helen1971 wrote: »

One of the neighbours is attempting to sell their house. Could we use this as leverage to get them to play ball?

Yes point out to them that all disputes must be notified to any buyers and if they do sell the house you will tell the new owners that you were in dispute with them when they sold it with evidence, so the new owners can turn round and sue them for any costs they have to pay to sort the issue out.

Helen1971 wrote: »

Could I reasonably inform their estate agent that they are embroiled in a dispute with us over access, and would they be obliged to disclose it to potential buyers?

The neighbours who are selling have a legal duty to pass this on to buyers. The estate agents act for the vendors and are likely to do nothing.

You are probably better of catching any potential buyers with the estate agent, and telling them clearly there is a dispute over the drive access. That will make them run a mile and get the EA to tell the vendors to sort the problem out.

Helen1971 wrote: »

The other gate post stands on the neighbours' side of the drive and has a gate hanging from it. If they were difficult, and kept that gate in place, would we be justified in taking that gate down because it would be blocking our right of way? If a single gate remained in place, we couldn't get our car in. Our solicitor advised using the trespass argument (I.e. gate post on our land) rather than right of way, since it is a more decisive argument.

Follow your solicitor's advice.

Helen1971

Thanks for the responses. The gate post is built on our land, and our solicitor has advised us that we have every right to remove anything built on our land without permission.

The alternative is to put up with the gate problem for ever, which isn't acceptable to us.

I can say, "gently uproot" instead of "tear down" if it makes you feel any better!

olly300

McKneff wrote: »

Only thinking common sense of my part but

Tearing down someones gate/gate post = criminal damage.

Be very careful.

They can remove the gate post on their land, but not the part that isn't on their land.

Anyway the OP is better of posting on the garden law website as they are better at land disputes.

Helen1971

Olly, thanks for the response. I wasn't asking anybody to guess what the neighbours will do. I asked whether anybody had had experience if this sort of thing, which would include experience of how the other party had reacted.

fivetide

The last thing I read on this was about constant access. Perhaps, they are engaging a solicitor of thier own, this could get expensive.

Do the gates add anything for you? Extra security etc? If so, the solution I am aware of is setting up sensor so that in the day (say 7am to 7pm) the gates will open as a vehicle approaches but before and after that, will only open if a remote is used or they are told to open by a button in the house (no idea how your gates work).

Could be a cheaper alternative and maintain the security aspect.

Fire_Fox

Helen1971 wrote: »

Thanks for the responses. The gate post is built on our land, and our solicitor has advised us that we have every right to remove anything built on our land without permission.

The alternative is to put up with the gate problem for ever, which isn't acceptable to us.

I can say, "gently uproot" instead of "tear down" if it makes you feel any better!

It's not about feeling better, don't be obtuse. Disputes are rarely 100% one party's fault nor are they often 50-50, how you react and what your attitude is can have a strong bearing on how the case progresses and how long is takes to resolve. IMO take a step back, calm down, try to use the sort of factual language that you would in your professional life or that your solicitor is (hopefully) using.

I can see how having the gate impossible to fix open would be very awkward, but I can't honestly see how having it closed all the time but possible to fix open "causes us no end of hassle with deliveries, guests etc." unless you only know lazy or disabled people. Plenty of homeowners keep their gates closed to contain their pets or children or keep wild animals out or to make it clear there is no through access, it's not unreasonable. Plenty of people live in flats were there is a gate or double porch type access or roads with restricted access, we just tell delivery drivers on the information section that they need to telephone.

andy.m_2

a vast majority of people perfer their gates to be closed rather than ignorant delivery drivers leaving them open and susceptable to damage.
Sounds to me that you (respectfully) are being bloody minded and looking for a row.

Helen1971

Thanks Firefox, but read my original post. The neighbours have altered the gates, without our consent and without consulting us, such that they cannot be fixed open. They have refused several reasonable requests to discuss an amicable compromise. The gates often malfunction so that guests or delivery companies can't buzz us, or so that the remotes don't work and we can't get our car in or out. I'd call that unreasonable.

I'm perfectly calm, by the way; I find it surprising that you're so excited by the term "tear down". Rather than insights about "disputes [being] rarely one person's fault" I'd find practical advice from people who have actually experienced something similar or have something helpful to add more useful.

Fivetide, thanks. We suggested exactly what you proposed to the neighbours this summer, but they refused to discuss it.