Shared access

aroundthebush_echo

I have a dreaded shared access that runs across the beginning section of my garden. 

I am in the middle of a row of 4 terraced. The fence to my left is shared with that neighbour and the fence to my right is shared with that neighbour (as per the deeds). There is a right of way on foot only granted to the occupants/occupiers of the two houses to my right, to walk through my garden.

There are gates either side that I bought & installed just over 2 years ago. I gained permission from either side neighbours before changing from the old iron ones that were falling apart, and both sides were happy for me to change. I also asked both sides if they’d like to keep either of the iron gates or I could dispose of them at the tip. They both agreed I could tip them. 

Flash forward 2 years and I’ve sold my house. Almost as soon as the ‘sold’ sign goes up my neighbour to the right (who feels she can wander through whenever she feels and acts like she owns the entire row of 4 houses) asks me if I can move “her” gate as it’s been put on the “wrong way”. I think she believes the gate is hers as it’s on her left side, but I was the one who bought the gate and on our deeds it states clearly it’s a shared fence. It doesn’t mention anything about gates though. 

 
At the moment the gate opens into my garden and she wants the gate to open into her garden (there’s nothing wrong with it she’s just being awkward). The gate has been ok for 2 years but I think this is a power trip from her as she’s worried about who is going to be moving in next, she’s elderly so I somewhat understand this. 

The relationship has been fraught with said neighbour for a while as she has complained about my dogs howling in the past. 

I was very hospitable when she brought this up and I suggested either I would move it when I got chance (I work full time, live alone, moving, and have animals so very busy!) or I was happy for her to ask her boyfriend (who doesn’t live with her but visits most days and recently built her a shed from scratch) to do it.

This was back in Aug/Sept. She then asked me in October when I would be free to do the gate, I said possibly a Friday. Left it at that. Then in late October she got her boyfriend to unscrew the gate and leant it up on her side of the boundary. I was not very happy but I’m not about to start a dispute when I’ve just sold my property. And I believed her boyfriend would probably be back to sort it another day. 

Then November comes around and she has taken the gate completely away. I can see it in her garden leant up against a little storage box thing. I have 4 dogs, the day she moved it away completely my auntie had popped into my house to let out 3 of my 4 dogs. She called out to neighbour to please pop something in the gateway so she could let the dogs out. The neighbour came out & basically wouldn’t do it. So my auntie let out the dogs & tried to stop them from going through the gate way but couldn’t & had to round them up & get them back in my garden. My auntie was very very polite throughout the entire process. I have a camera in the back room of my house that captured all of this, and the comment of “well I asked **** to do the gate and **** hasn’t” I think says it all about this woman. She has done this out of spite. 

This neighbour has beat on my back door numerous times (she thinks this will stop my dog howling), she throws cat poop into my garden, not knowing if it’s definitely my cat who has messed, there are cats all around as well as foxes. 

I am moving very soon and can’t wait to get away from her as her antics are borderline crazy. 

I don’t know what to do about this gate situation though, although there is an access through my garden; her boyfriend had to come into it to unscrew said gate, and now she’s just taken it away. She never bought it, or even gave me any money towards it. But because the gate isn’t mentioned in the deeds I’m unsure if I can class it as part of the fence? 

the_lunatic_is_in_my_head

aroundthebush_echo said:

. I can see it in her garden leant up against a little storage box thing. 

Go get the gate and screw it to the fence post the way round she wants? 

FlorayG

I don't know what your question is
Are you asking if the gate or lack of is going to upset your sale? Or are you asking if she has stolen your gate? Or are you asking if her request/demand was fair?
as for "who feels she can wander through whenever she feels" well she can, as long as she keeps to the access path

eddddy

Maybe you can plant some ideas in your neighbour's head. Maybe something like this (but perhaps slightly more subtly)...

"I expect you'll be pleased when I move out with my 4 dogs and cat. No more howling, no more cat's mess.
...
From what I can gather, the buyers are very nice and very quiet, so they should make good neighbours. I expect they'll welcome your advice about the local neighbourhood.
...
I want to do everything I can to make sure they don't back out. One of the things on my list is getting the gate sorted out."
 

Grumpy_chap

aroundthebush_echo said:

I have a dreaded shared access that runs across the beginning section of my garden. 

I am in the middle of a row of 4 terraced. The fence to my left is shared with that neighbour and the fence to my right is shared with that neighbour (as per the deeds). There is a right of way on foot only granted to the occupants/occupiers of the two houses to my right, to walk through my garden.

There are gates either side that I bought & installed just over 2 years ago. I gained permission from either side neighbours before changing from the old iron ones that were falling apart, and both sides were happy for me to change. I also asked both sides if they’d like to keep either of the iron gates or I could dispose of them at the tip. They both agreed I could tip them. 

Flash forward 2 years and I’ve sold my house. Almost as soon as the ‘sold’ sign goes up my neighbour to the right (who feels she can wander through whenever she feels and acts like she owns the entire row of 4 houses) asks me if I can move “her” gate as it’s been put on the “wrong way”. I think she believes the gate is hers as it’s on her left side, but I was the one who bought the gate and on our deeds it states clearly it’s a shared fence. It doesn’t mention anything about gates though. 

 
At the moment the gate opens into my garden and she wants the gate to open into her garden (there’s nothing wrong with it she’s just being awkward). The gate has been ok for 2 years but I think this is a power trip from her as she’s worried about who is going to be moving in next, she’s elderly so I somewhat understand this. 

The relationship has been fraught with said neighbour for a while as she has complained about my dogs howling in the past. 

I was very hospitable when she brought this up and I suggested either I would move it when I got chance (I work full time, live alone, moving, and have animals so very busy!) or I was happy for her to ask her boyfriend (who doesn’t live with her but visits most days and recently built her a shed from scratch) to do it.

This was back in Aug/Sept. She then asked me in October when I would be free to do the gate, I said possibly a Friday. Left it at that. Then in late October she got her boyfriend to unscrew the gate and leant it up on her side of the boundary. I was not very happy but I’m not about to start a dispute when I’ve just sold my property. And I believed her boyfriend would probably be back to sort it another day. 

Then November comes around and she has taken the gate completely away. I can see it in her garden leant up against a little storage box thing. I have 4 dogs, the day she moved it away completely my auntie had popped into my house to let out 3 of my 4 dogs. She called out to neighbour to please pop something in the gateway so she could let the dogs out. The neighbour came out & basically wouldn’t do it. So my auntie let out the dogs & tried to stop them from going through the gate way but couldn’t & had to round them up & get them back in my garden. My auntie was very very polite throughout the entire process. I have a camera in the back room of my house that captured all of this, and the comment of “well I asked **** to do the gate and **** hasn’t” I think says it all about this woman. She has done this out of spite. 

This neighbour has beat on my back door numerous times (she thinks this will stop my dog howling), she throws cat poop into my garden, not knowing if it’s definitely my cat who has messed, there are cats all around as well as foxes. 

I am moving very soon and can’t wait to get away from her as her antics are borderline crazy. 

I don’t know what to do about this gate situation though, although there is an access through my garden; her boyfriend had to come into it to unscrew said gate, and now she’s just taken it away. She never bought it, or even gave me any money towards it. But because the gate isn’t mentioned in the deeds I’m unsure if I can class it as part of the fence? 

You are moving away so the best idea must be to simply look for a solution that keeps the neighbour happy at least effort on the OP's part.
Either refix the gate so it swings the other way.
Or leave the gate missing and buy a stair gate to put in the gap for when the dogs are in the garden.
Good luck with the move and focus on your happiness in the new home.

Myci85

Given that you're moving out soon and your primary concern is presumably to keep the peace long enough for the sale to go through, I'd go and knock on her door and politely ask if she minds you nipping into her garden to retrieve the fence so you can put it back in place, and apologise that it took you so long as you've been busy. Said through gritted teeth with a smile on your face if necessary!

Section62

Myci85 said:

Given that you're moving out soon and your primary concern is presumably to keep the peace long enough for the sale to go through, I'd go and knock on her door and politely ask if she minds you nipping into her garden to retrieve the fence so you can put it back in place, and apologise that it took you so long as you've been busy. Said through gritted teeth with a smile on your face if necessary!

^This.

(Extra characters)

aroundthebush_echo

Thank you for all your replies. I guess I just needed some support with what best to do. And as most have said, it’s to keep the peace. Until I leave. 

thegreenone

Happy to be corrected on this ..... I would assume if the gate opens into your garden, it is your gate (which we know it is).  However, if it opens into hers she will claim it further down the line and the new owners will have her wandering around whenever she feels like it.  Even more so, it could bounce back to you.

Agree with above, retrieve the gate and put it back to open into your garden.  If she wants to discuss it with the new neighbours, she can.  So long as it is all sorted legally before you leave.