Neighbor dispute gate post

Ted1066 · 11 April 2019 at 12:04PM

Hi my Granda got permission to erect a gate post in his neighbors side of the boundary to enable him to have a slightly larger drive way so he could get his car in the drive (5 inches) this was over 15 years ago
Unfortunately he passed away and we are in the process of selling his house
The now neighbors say this is their land and want the post removed
We’re do we stand on this
Who removes it us or them or does it have to be removed
Thanks in advance
The house is in Belfast Northern Ireland

Doozergirl · 11 April 2019 at 12:08PM

Just take it out. The neighbour allowed it as a favour to a friend, by the sound of it. They don't want it to continue, so now is a good opportunity as it will be under new ownership. They can arrange the drive differently. Most people have open drives without gates at all.

I don't see why they should pay to remove it, do you?

letitbe90 · 11 April 2019 at 12:28PM

Doozergirl wrote: »

Just take it out. The neighbour allowed it as a favour to a friend, by the sound of it. They don't want it to continue, so now is a good opportunity as it will be under new ownership. They can arrange the drive differently. Most people have open drives without gates at all.

I don't see why they should pay to remove it, do you?

The good reason could be that it wasn't specified that this arrangement is only as long as the current owner is alive. I mean who knows, maybe he wouldn't have set up the post if he knew it had to be removed when he was gone.

If they want it gone, they can remove it themselves I reckon, since they had agreed to have it there. Unless they have evidence otherwise to suggest there was an agreement that the other party had to remove it.

Yes it is their land, but the fact it was allowed to remain there that many years will make it hard for them to force others to pay for its removal IMO.

But of course, they have the upper hand, they know you need to sell property, so they will hold out for you to pay. My post was really to give my opinion of why it isn't so unreasonable to expect them to pay for it.

FreeBear · 11 April 2019 at 12:32PM

As you are in the process of selling, it is best to avoid a boundary dispute which could scupper a sale.

quantumlobster · 11 April 2019 at 12:39PM

Depends on the gate post. If it's one of these or a smaller version thereof, then that's one thing. An hour and it's gone. Hardly worth fussing about, if you're selling anyway.

If, on the other hand, it's part of a gate like this:

then that's a different conversation. Extra tea and cake required.

Mojisola · 11 April 2019 at 12:46PM

Ted1066 wrote: »

Hi my Granda got permission to erect a gate post in his neighbors side of the boundary to enable him to have a slightly larger drive way so he could get his car in the drive (5 inches) this was over 15 years ago

Unfortunately he passed away and we are in the process of selling his house

The now neighbors say this is their land and want the post removed
We’re do we stand on this

Your grandfather's neighbours were kind enough to allow him to put a post on their land and he had the use of his drive for 15 years as a result.

To repay their kindness, you want to make them pay to remove your grandfather's post?

If you get permission to use a neigbour's land, you have to realise that the permission can be withdrawn - that's the neighbour's right.

Paul_DNAP · 11 April 2019 at 1:16PM

Ted1066 wrote: »

Hi my Granda got permission to erect a gate post in his neighbors side of the boundary to enable him to have a slightly larger drive way so he could get his car in the drive (5 inches) this was over 15 years ago
Unfortunately he passed away and we are in the process of selling his house
The now neighbors say this is their land and want the post removed
We’re do we stand on this
Who removes it us or them or does it have to be removed
Thanks in advance
The house is in Belfast Northern Ireland

Where you stand is this: You remove the post, at your cost, and make good the hole it leaves behind.