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Fire escape into my garden (undisclosed when bought house)

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  • Eejay wrote: »
    On the plus side, if you ever have a fire perhaps you can go through that gate too.

    I can't understand all the hassle. My next door neighbour has a gate in the fence with the neighbour at the back - no idea why it's there but I haven't noticed either of them crying about it.

    If both houses catch fire at the same time they can just all run backwards and forwards through the gate.
  • Red-Squirrel_2
    Red-Squirrel_2 Posts: 4,341 Forumite
    LandyAndy wrote: »
    I've been hoping my neighbours didn't have a fire for 35 years.


    Seems to have worked so far.

    Well, fingers crossed!

    If it is a genuine escape route though, bit harsh for that poster to suggest deliberately blocking it as a solution! :eek:
  • mrschaucer
    mrschaucer Posts: 953 Forumite
    Part of the Furniture 500 Posts Name Dropper
    It sounds as though the lady in question had a "long running dispute" with the previous owner because there doesn't seem to be any legal basis for this so-called fire escape. Someone at some time decided it would be handy to be able to exit their garden via the OP's garden in the case of fire, but failed to get any written agreement. Subsequent owners would clearly be in the dark about this past informal "arrangement", and legally speaking aren't party to it. Unless it was the vendor who agreed to this (unlikely by the sound of things) he was only trying to stop someone with no legal right to enter his garden demanding that right.
  • I presume the neighbour's garden has no means of access except through other gardens. Without this gate, if the house is on fire and they need to escape from the garden, or the fire brigade need to get in, they will simply break down your fence. The gate grants no right of entry or access, it just stops the fence being pulled down in that instance. Bolting it would result in the gate being broken down instead.
  • Kynthia
    Kynthia Posts: 5,692 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If there's nothing in the deeds, which your solicitor should have found if there was, then your neighbour has the same rights to go through the gate as they do to go over your fence. So it should make do difference to your privacy, use of the garden and saleability of your house. In theory you could block access but is it worth causing bad feeling with your neighbour if they will only use it in the event of a fire.
    Don't listen to me, I'm no expert!
  • steeeb wrote: »
    It seems like either:
    - Said 'escape' is a load of xxx hence why your oddball vendor had a disputed about it.
    - Your vendor kept quite about it intentionally and if said escape does legally exist should have mentioned it to you. Said disputed should have been mentioned also - I think it's a standard question on the questionnaire they have to fill in.

    Indeed:T

    There is a question there on the legal questionnaire that gets filled-in these days when selling a property that runs along the lines of "Is there a dispute - OR ANYTHING THAT MIGHT BE LIKELY TO CAUSE A DISPUTE?"

    Well....that there entrance in your fence is quite definitely in the category of "likely to cause a dispute" and therefore OP's vendor was just a trifle mendacious shall we say? (ie didn't "tell the truth, the whole truth and nothing but the truth")....:cool:
  • mrschaucer wrote: »
    It sounds as though the lady in question had a "long running dispute" with the previous owner because there doesn't seem to be any legal basis for this so-called fire escape. Someone at some time decided it would be handy to be able to exit their garden via the OP's garden in the case of fire, but failed to get any written agreement. Subsequent owners would clearly be in the dark about this past informal "arrangement", and legally speaking aren't party to it. Unless it was the vendor who agreed to this (unlikely by the sound of things) he was only trying to stop someone with no legal right to enter his garden demanding that right.


    Absolutely:T:T:T

    Any past "informal" "goodwill" arrangements were between those particular people and those particular people ONLY. Past "someone"s are very disruptive characters indeed imo.....and there do seem to be plenty of (not very bright) someone's about .....

    If it aint down there IN WRITING that it applies to the property (ie whoever owns it) then it does NOT exist.
  • I presume the neighbour's garden has no means of access except through other gardens. Without this gate, if the house is on fire and they need to escape from the garden, or the fire brigade need to get in, they will simply break down your fence. The gate grants no right of entry or access, it just stops the fence being pulled down in that instance. Bolting it would result in the gate being broken down instead.

    ...and that's absolutely fair enough.

    At some point - I think we all click that those "statutory bodies" (eg the Fire Brigade, Water Board, etc ) have the absolute legal right to "break things down" if it comes to it. That's absolutely fair and right.

    What is NOT "fair and right" is any situation where one particular individual can vary things on a personal level - just because they fancy doing so.

    Been there ...done that....and totally agree that the Authorities are entitled to do whatever-they-need-to if it serves the Greater Good. BUT individuals are entitled to be protected from other "individuals" and their own personal little fancies....
  • sheramber
    sheramber Posts: 22,451 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    But if the OP has not noticed this gate in 18 months will the fire brigade know it is there?
  • mrschaucer
    mrschaucer Posts: 953 Forumite
    Part of the Furniture 500 Posts Name Dropper
    ... in the heat of the moment ...
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