Neighbour leaving gate open

ThisIsWeird

Slinky said:

As there's fencing at the back already, can you move your gate to the back of the house then it doesn't matter what the neighbour does with the gate.

Oooh, clever! Add a gate at the top of the existing fence - the end of the green line on your diagram.

To emphasise what's been said by others - the onus is on the person who needs to retain their wildlife within their own  property to provide the means of doing so.

Does your dog or child ever go into that area where the yellow line is? If so, that means they have access to your neighbour's garden. Perhaps that's why they're being an arris? By leaving their gate open, they are exposing your lack of security, and forcing you to take action to keep your dawg and child contained. 

Regardless of what the deeds might say - whether that boundary is theirs to 'maintain' - only if the deeds include in writing that you must have a physical fence or wall in place will you have any chance at all of forcing this neighbour to put up a barrier. Even then it'll be a fraught process, best avoided.

You know what you need to do. If you don't do this but carry on complaining, my sympathies will begin to move to your neighb :-)

Elliott.T123

Do you ever let your dog out in the garden? I cant imagine even the best trained dog wouldn't occasionally go for a little explore into your neighbours garden. 

Fences are not a requirement, no one (outside of very specific requirements) is forced to erect them. It doesn't matter which side of the garden it is.

Ultimately it comes down to who cares the most or who has the most need. When we moved in we replaced the fencing on two sides as it was falling apart and wouldn't secure our dogs. It was in theory the neighbours side but we were the ones in need so we did it.

gazfocus

The problem you might have with putting a fence where you want it is it could be a 'shared driveway' so you'd need to check your deeds (and your neighbours which you can buy for £3 from Land Registry), to see if it mentions anything about shared access. If it is indeed a shared access to the garage/gardens at the back, you might struggle to put a fence up without the neighbours consent as it will restrict their access.

However, having said that, I agree with what others have said, in that, if you want the fence in order to secure your garden/stop your children and dog getting out, then it's on you to pay for the fence. You cannot force your neighbour to pay for a fence that is for your convenience and that they do not want to have. A couple of things to think about though... 1) You would need to put the fence on YOUR SIDE of the boundary so as not to encroach on the neighbours land. 2) The neighbour has no requirement to treat your fence. 3) With the fence on your land, the neighbour has no right to remove your fence, and no requirement to replace it when it becomes old and worn out.

Skiddaw1

Slinky said:

As there's fencing at the back already, can you move your gate to the back of the house then it doesn't matter what the neighbour does with the gate.

I'm with @Slinky - must be the most cost-effective option and avoids any escalation of the dispute about gates and fences.

Sea_Shell

Mahashmid said:

Why should I have to put up my own fence? I’ve already had to fork out thousands in the garden to put a fence up as the previous owner failed to do so.

As I said, not my side to manage technically, so why is it fair I’ve got to pay for two sides? 

Below is the layout, their gate is on the left which they keep leaving open.  

The yellow is the boundary, green is the fencing separating the gardens. 

Another vote for attaching a gate (or moving the existing one) between the end of the  existing fence and the corner of your house.

Seems an easy "win" .   

Is there a sturdy post at the end of the fence line, if not, attach the hinge side to the house, and just have the latch on the fence side.

eddddy

Mahashmid said:

Why should I have to put up my own fence? I’ve already had to fork out thousands in the garden to put a fence up as the previous owner failed to do so.

As I said, not my side to manage technically, so why is it fair I’ve got to pay for two sides? 

As others say, there is no law which requires your neighbour to put up a fence - or to keep their gate closed.

So you cannot 'force' your neighbour to put up a fence, or to close their gate.

(There was no law which required you to put up a fence on the other side of your garden, but it sounds like you chose to do so.)


If you want, you can choose to put up your own fence in the gap you describe. If you do, you should make sure that it is just inside your boundary.

400ixl

Either extend the fence or put a gate where the fence currently ends.

Just having them keep the gate closed doesn't stop your dog or child going onto the neighbours property which may not be safe for them.