Moron neighbour again - gate post issue

mikepoole

Our moron neighbour decided to have a chat last night (first time in about 6 months) and said that our gate post was attached to his property

We moved into our house 8 years ago and the gate post was already attached to his house (new build - the gate is the alley down the side of our house which is next to his outer wall). In his incoherent, scatter-gun mind he thinks WE installed the gate. He said he was going to take it down

AFAIK, it causes no issue or noise to his property, has been there eight years untouched. So it is just spite/pettiness regarding something else

What are my options if he does? Criminal damage against our gate? Trespass on our property to do the work? Trying to reason with him is pointless as he is utterly deluded

If he does want to do the work correctly, what channels would he have to go down? Ask our permission? Anything else?

stator

Is the gate post on your land or his?

Furts

I am not a lawyer - just someone who has been involved in building countless new homes over the years. As I see it your situation sounds normal - house are squeezed in and gate posts abut adjacent homes. If it is your gate post then it should not be fixed through into your neighbours wall. It should be concreted in so it abuts your neighbours wall. Then the boundary line would be between your post and the neighbours wall.

If there are fixings, and there often are because people and contractors do not worry about this level of "pettiness", then as issue could arise. But if the neighbour removes the fixings what benefit is this to them or you?

The neighbour should have challenged the builder before moving in, or second best during the first two years of the NHBC Warranty (or similar if the warranty was placed elsewhere). This would have been resolved then. After eight years...who cares?

So look at your Deeds and look at the fixings then decide how to move forward.

mikepoole

It depends where the boundary is considered to be - the post is on our path but against his wall

He has waffled on in the past about people not being able to do anything "within a metre of his house"

mikepoole

Thanks Furts - seeing how Redrow approached everything, I think you are spot on.

I'll check the fixings to see what has been done

Gloomendoom

I lived in an end of terrace next to an alleyway. One day, unannounced, the council turned up and fitted gates to the alleyway, fixed to the wall of my house. Thereafter noise of the gates being opened, shut or slammed reverberated through the whole house.

I couldn't get the council to see my point of view. To them, the (unnecessary) increased level of security was a higher priority than my quality of life. I moved.

Edit: It didn't take me eight years to get to that point though!

RS2000.

mikepoole wrote: »

It depends where the boundary is considered to be - the post is on our path but against his wall

He has waffled on in the past about people not being able to do anything "within a metre of his house"

What, you can't even walk down your path as its within a metre of his home?:eek:

Tell him about the party wall act and that you want to get a surveyor in, all at his cost. :rotfl:

mikepoole

RS2000 - this is what I'm dealing with. I think he means do no work/construction within a metre of his house but I'm past trying to understand the rantings of a madman!

I really just want to know what I can do if he comes out of his house this weekend with a hammer and knocks down my gate!

Or, if he wants to be civil and have the post detached from his house, what the procedure is

Furts

Do you have a local PCSO who could be contacted? Say there is a neighbour dispute, suggest somebody may become violent (your neighbour not you) and they should have a quiet word with this person in the interests of a peaceful community. You will get my drift, but if the PCSO says to your neighbour "see reason and common sense" this may placate them.

If there are fixings into the wall then the neighbour may be entitled to remove them. You would then be entitled to dig down beside their wall to concrete in your post. You may then encounter drains and services, or cause damage doing so. Hence the neighbour should accept things as they are in order to maintain a quiet life.

Hopefully a PCSO could also explain this type of reasoning.

mikepoole

Thanks Furts - really appreciate it

Sadly, a PCSO would probably only enrage him but I see your point and will take that course of action should he start to remove the post, thus being on our property and damaging our gate

RS2000.

Furts wrote: »

Do you have a local PCSO who could be contacted? Say there is a neighbour dispute, suggest somebody may become violent (your neighbour not you) and they should have a quiet word with this person in the interests of a peaceful community. You will get my drift, but if the PCSO says to your neighbour "see reason and common sense" this may placate them.

If there are fixings into the wall then the neighbour may be entitled to remove them. You would then be entitled to dig down beside their wall to concrete in your post. You may then encounter drains and services, or cause damage doing so. Hence the neighbour should accept things as they are in order to maintain a quiet life.

Hopefully a PCSO could also explain this type of reasoning.

How can a PCSO be expected to deal with this, the have no training in civil law.