Neighbour has fixed a gate to a wall of a detached property I am buying

Jellypot

Hi All

I am in the process of purchasing a property and after starting the process, I later noticed at the side of the detached property the neighbour has attached a metal gate to the wall, not a pole. This would have previously been a small fence between the two properties and my solicitor has confirmed they have no rights to attach a gate to the wall of the detached property. Please be aware they have a gate on the other side of their property (as they should) to bring their bins in and out.

Unfortunately, the person who owned the property has passed away and I do not know if they had given their consent for the neighbour to add a gate. Either way, if the previous owner had given their consent and me being the new owner, could I ask the neighbour to remove the gate and either fix it to a pole or have a small fence back in its place?

I would appreciate your advice. 

P.s. I am purchasing a detached property because of the reduced noise from neighbours and I am aware if there is a gate attached I'm going to hear and feel the sound travel as I have been in properties with a gate attached before. 

theartfullodger

You can ask neighbour to do anything eg move away, shift gate etc 

I'd offer to pay for pole , being polite and friendly.  You don't want to fall out with any neighbours if possible.

Brie

Do you know when the gate was added? If it was very recent (neighbour taking advantage of your previous owner's demise) then I think you should state that removal of the gate from your wall is a condition of the sale. If it has been there a number of years (needs repainting perhaps?) then it's more difficult to complain about it. But you can of course ask them on the grounds that you know it will be an irritant to you and a cause of bad feelings from day 1.  

Of course if it's a metal gate it may not be so simple as repositioning it over a bit and likely expensive as well. 

35har1old

theartfullodger said:

You can ask neighbour to do anything eg move away, shift gate etc 

I'd offer to pay for pole , being polite and friendly.  You don't want to fall out with any neighbours if possible.

Perhaps they might0Jellypot said:

Hi All

I am in the process of purchasing a property and after starting the process, I later noticed at the side of the detached property the neighbour has attached a metal gate to the wall, not a pole. This would have previously been a small fence between the two properties and my solicitor has confirmed they have no rights to attach a gate to the wall of the detached property. Please be aware they have a gate on the other side of their property (as they should) to bring their bins in and out.

Unfortunately, the person who owned the property has passed away and I do not know if they had given their consent for the neighbour to add a gate. Either way, if the previous owner had given their consent and me being the new owner, could I ask the neighbour to remove the gate and either fix it to a pole or have a small fence back in its place?

I would appreciate your advice. 

P.s. I am purchasing a detached property because of the reduced noise from neighbours and I am aware if there is a gate attached I'm going to hear and feel the sound travel as I have been in properties with a gate attached before. 

As its a metal gate even if its then mounted on a steel post you are still going to hear noise when it's opened
Has this wall anything that would require maintenance in the future and would then require you to enter your neighbours property?
Perhaps you should be looking at property's that don't  have a wall on the boundary

subjecttocontract

Just ask the vendor to arrange it's removal as a condition of your purchase. They are unlikely to want to loose the sale over such a small issue.

koalakoala

That’s exactly what I would do

Jellypot

subjecttocontract said:

Just ask the vendor to arrange it's removal as a condition of your purchase. They are unlikely to want to loose the sale over such a small issue.

My solicitor suggested this and I did, but the vendor went from saying that they will speak to the neighbour to then changing their mind. This is why I feel I may have to speak with the neighbour about other alternatives and if this does not work out then I may have to withdraw. It seems such a shame as I know it was not there a few years ago and I wouldn't want it to be a nuisance for me living there, or causing issues if I sell in future. I am happy with the property for the most part, but this is a niggling issue especially as the neighbour does not have the rights to attach as gate to the wall. 

chanz4

annoying your neighbour before even moving in....  not going to go down well

Herzlos

How big a deal is it in reality? Are you worried about damage, noise, value?

If it's not causing any active damage/nuisance I'd be inclined to say to the neighbour that it really shouldn't be there, but you'll leave it alone on the provision that they fit it to a freestanding post whenever it gets replaced. That way you're breaking any implied permission for it going forward but not being unreasonable to someone you'll have to live next to.

subjecttocontract

chanz4 said:

annoying your neighbour before even moving in....  not going to go down well

Yes that's exactly what the neighbour has done with the future owner by attaching the gate in the first place.... isn't it ?  The OP doesn't want the gate attached, there is no easy solution but I'm astonished the seller will risk losing the sale because he's reluctant to address this trespass.

Just ask your solicitor to add a clause in the exchange contact that says.....the owner will remove or arrange removal of the gate attached to the side wall as an express condition of sale. Then you haven't got to speak to anyone, it puts the onus on the seller wether he wants it or not !

Jellypot

Herzlos said:

How big a deal is it in reality? Are you worried about damage, noise, value?

If it's not causing any active damage/nuisance I'd be inclined to say to the neighbour that it really shouldn't be there, but you'll leave it alone on the provision that they fit it to a freestanding post whenever it gets replaced. That way you're breaking any implied permission for it going forward but not being unreasonable to someone you'll have to live next to.

It is a big deal and I am worried about all the above. The noise being the main one, then the damage and value. I don't think I could wait maybe a decade or more for them to replace it while I am living there...

subjecttocontract said:

chanz4 said:

annoying your neighbour before even moving in....  not going to go down well

Yes that's exactly what the neighbour has done with the future owner by attaching the gate in the first place.... isn't it ?  The OP doesn't want the gate attached, there is no easy solution but I'm astonished the seller will risk losing the sale because he's reluctant to address this trespass.

Just ask your solicitor to add a clause in the exchange contact that says.....the owner will remove or arrange removal of the gate attached to the side wall as an express condition of sale. Then you haven't got to speak to anyone, it puts the onus on the seller wether he wants it or not !

This is a good suggestion. Thank you.