Replacing a gate that’s attached to neighbours wall

Dom85uk

I need to replace a gate at my property, however one of the gate posts is attached to my neighbours property. I must replace the gate as I have 2 dogs and our house is on a main road. 

The neighbour in question is both very unhelpful and unapproachable. I will of course ask the neighbours permission but I am 99% sure they will say no. 

I wanted to know what my rights are (if any) before approaching them.

Any advise would be much appreciated 
Thanks 

FreeBear

Can the post be reused or is it rotten ?

If it needs to be replaced, I'd carefully remove the post. Then drill fixing holes in the new post using the old one as a template. Reattach to the wall with new screws, job done.

[Deleted User]

You have no "rights" to encroach upon your neighbour's property. 

However, if it's simply a shared wooden post which needs replacing I can't see any problem if you were to do this as long as you are confident of doing a professional job of it...

Davesnave

Rights in this kind of situation are not always useful. If the gatepost has been there for more than 20 years, it could be argued that a permissive right to keep it there had been created. However, if your 'unhelpful' neighbour took a crowbar to it, levered it off and threw it on your path, the cost of going to law to have it reinstated would far outweigh that of finding a different solution.

And that's what I'd do in the circumstances, assuming the land at the access was mine. I would look to install a gatepost that didn't touch the neighbour's house. More difficult? Yes, but quicker than waiting for the neighbour to move!

cpbackhouse

Following on from above. If you have a good path could you use something like this (sorry can't post link and was just the first one that came up on google) to put a post in secured to the ground rather than the neighbours wall?

https: //www. ironmongerydirect. co.uk/product/taurus-flush-fit-bolt-down-fence-post-shoe-bolt-secure-75mm-oxide-red-213348

It would narrow the gate slightly as there would be a small gap to the neighbours wall but might make life easier in the long run maybe.