Neighbour dispute

Tokmon

MalMonroe said:

I would start off by contacting Citizens Advice and see what they have to say and then maybe see if I could book one of those free introductory appointments with a solicitor to see what they have to say. If someone wants to drill the walls of property that belongs to others, they are supposed to ask permission. 

What a shame that you have moved next door to this unpleasant person. Sounds like he's to be pitied but just because he's angry doesn't mean that you can let him get away with putting his gate where it's not wanted.

You have made a lot of assumptions here, how do you know they didn't ask permission from the previous owner?

Maybe the OP has started to make a fuss about the gate when the neighbor had permission from the previous owner and it has got their back up because they knew the gate was there when they bought the house so wondering why they are making a fuss now.

The OP is also complaining about rocks being placed by the neighbor because he is "complaing people go on his grass". Maybe the rocks are on the neighbors property and the OP keep driving over the grass to get on their driveway or when people get out the car.

eve7834

Look the rocks arnt really the issue the houses are set up were the next door grass actually comes past the wall of the drive so they then have a angled cut off to allow reversing so the rocks are in a blind spot hes put them there just to be annoying nobody has been on his grass. The question is can you remove somebodys gate legally that is attached to your wall. It was there after we both purchased the house so he says.
I dont see what previous agreements matter its my house why should i allow his gate to be drilled into my wall ??

MaryNB

eve7834 said:

Look the rocks arnt really the issue the houses are set up were the next door grass actually comes past the wall of the drive so they then have a angled cut off to allow reversing so the rocks are in a blind spot hes put them there just to be annoying nobody has been on his grass. The question is can you remove somebodys gate legally that is attached to your wall. It was there after we both purchased the house so he says.
I dont see what previous agreements matter its my house why should i allow his gate to be drilled into my wall ??

Is the wall entirely within your boundary? Or is it on the boundary and possibly a party wall?

eve7834

Its the side of a detached house no access to my garden from that side as the gate is half way down the side and would affect me say getting my house rendered/painted and fixing guttering etc 

Tokmon

eve7834 said:

Look the rocks arnt really the issue the houses are set up were the next door grass actually comes past the wall of the drive so they then have a angled cut off to allow reversing so the rocks are in a blind spot hes put them there just to be annoying nobody has been on his grass. The question is can you remove somebodys gate legally that is attached to your wall. It was there after we both purchased the house so he says.
I dont see what previous agreements matter its my house why should i allow his gate to be drilled into my wall ??

If nobody ever goes onto the grass and you don't reverse over the grass to get on or off your driveway then i don't even know why your mentioning them?. I don't see how they are annoying if you never go onto the grass and the grass is his property. The only way they would be annoying for you is if you actually do go onto the grass when driving which you say you don't.

The gate was there when you bought the house so you saw it and still decided to buy. Your now saying you don't want it attached for no real reason so can't you see why he would be annoyed if he had agreement to fix it there from the previous owner?

MaryNB

eve7834 said:

Its the side of a detached house no access to my garden from that side as the gate is half way down the side and would affect me say getting my house rendered/painted and fixing guttering etc 

Is the side wall of your house on the boundary? Your answer isn't clear, it could be interpreted that his gate is over the boundary and blocking a side passage that is within your boundary. 

You need to check but from what I've read he's within his rights to fixed a gate to a party wall - if it is a party wall which is sounds like it is. With regards to access has he denied you access so far? The gate does not need to be permanently removed in order for you to have access. Has he indicated that he would deny you access?

ETA:
It's not just the gate, if you are getting rendering done you'll need to put the scaffolding on his land. It's more than just removing the gate. 
Kicking off about the gate may be a waste of your time since under the Access to Neighbouring Land Act he may not be able to deny you access if repairs are required. 

However life would be a lot easier if you got on as neighbours and didn't have to go to court. What if he puts the gate on a post? It won't be on the party wall but still restricting your access. If he considers you to be a difficult neighbour I wouldn't be surprised if he made life difficult for you in return and required a court order before granting you access. If you want to do something that is not a repair (e.g. painting it a different colour) a court won't grant you access and he won't because you've kicked off over his gate. Sounds like you are just cutting off your nose to spite your face. 

http://www.problemneighbours.co.uk/rights-under-access-to-neighbouring-land-act.html

eve7834

robatwork said:

A Story

A neighbour just moved next door to my detached house. Before we even had the chance to invite them round for tea (in the garden of course) they started complaining about our side gate that's been there for 8 years and which we had full permission from the previous neighbour to install. They didn't even want to compromise, just said "get that off my wall". 

Then the next day after I put some rocks on my grass verge to stop those pesky delivery drivers ripping it up, they gave me dirty looks and didn't accept my explanation. 

We didn't have any problems with the previous neighbours who were lovely. 

A story
A man asks why a neighbour has put large rocks on his grass his response was an aggressive set off accusations of trespassing on his grass which hasnt happened.
The gate come afterwards true story

Leggitte

eve7834 said:

A story
A man asks why a neighbour has put large rocks on his grass his response was an aggressive set off accusations of trespassing on his grass which hasnt happened.

His grass, his 'ornaments'.

Ditzy_Mitzy

I don't understand what's so upsetting about having a gate attached to the wall of one's house.  OP, what is your reason for wanting it taken down?  

MaryNB

Ditzy_Mitzy said:

I don't understand what's so upsetting about having a gate attached to the wall of one's house.  OP, what is your reason for wanting it taken down?  

OP is worried about access for repairs, which I've addressed in a post above. OP also seems to be upset at someone having drilled something into their wall. Although, as I've pointed out above, the neighbour may be entitled to if the wall of OP's house is on the boundary and is a party wall.