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

ThisIsWeird

Of course you want it removed, Jellypot, and I don't think agreeing to wait until it needs replacing is therefore an option - that could, likely would, take decades. And, yes, you will almost certainly hear it, as the sound transmission will be direct through the fabric of your house - if it will be at all audible, it will annoy the pants off you.
It's your house, it's detached, and nothing of your neighb's should be fixed to it.
You do want this sorted before you progress further with the purchase, because regardless of whether the deceased owner gave permission or not, an awkward neighbour claiming 'rights' on this, or any, basis can turn what should be a simple issue into a 'mare. And it just ain't your job to sort.
What's more, the vendor's seeming reluctance to now sort this issue, after initially saying they would, should ring a warning bell.
It's all about 'due diligence'; you know there's an issue, you know it could remain an issue after purchase, you know it has the potential to escalate as an issue, so you'd be remiss to continue on this basis. This is an existing issue, so is not for you to sort out.
If it piddles off the neighbour to have to remove it, that's their problem - you might have a narked neighb as a result, but at least you won't have to deal with them.

FlorayG

I have metal fencing and a metal gate on the side of my house and it does make a lot of noise when it closes. I don't mind, of course, because it's my gate 
If the neighbour has no right to fix it to your wall ( which clearly he doesn't, although he may have had permission from the previous owner) then I'm sure you can instruct your solicitor that it must be removed. I think if I had done what the neighbour did and was asked to put back to how it was I would maybe be miffed at the work and expense but I wouldn't take it out on the buyer

GDB2222

Suppose that the neighbour says that he was given permission to attach the gate…  he may have every right to leave it there. 

How often is this gate used? And, when? It is far less of an issue if, in practice, it is only used a couple of times a year.  

Bear in mind that, even if you get the sellers to sort this out, they will tell the neighbours that you are insisting. So, it is going to antagonise the neighbours. Don’t you need to know the extent of the problem before you start the ball rolling? 

Sapindus

Was the original fence attached to your house?  Does the gate allow the neighbour to pass over your land?

subjecttocontract

You are all missing the point. The OP doesn't want someone else's gate attached to the wall of, what will be, his detached house......end of. It doesn't matter if the gate owner is unhappy with that, it doesn't matter what anyone else wants. He is paying for a detached house and wants it detached from others. It's a major issue for him and as he is the one paying he gets to decide what he wants.

Even if permission was granted by the previous owner it doesn't matter.......and I doubt it would have been in writing, if the new owner recinds any permission the gate has to be removed.

GDB2222

subjecttocontract said:

You are all missing the point. The OP doesn't want someone else's gate attached to the wall of, what will be, his detached house......end of. It doesn't matter if the gate owner is unhappy with that, it doesn't matter what anyone else wants. He is paying for a detached house and wants it detached from others. It's a major issue for him and as he is the one paying he gets to decide what he wants.

Even if permission was granted by the previous owner it doesn't matter.......and I doubt it would have been in writing, if the new owner recinds any permission the gate has to be removed.

For someone who has not seen any documents and wasn’t present when any verbal agreement was reached, you seem remarkably confident about the legal position.  

If the OP doesn’t want the gate, then it would be imprudent to buy the property and just assume that he can get the neighbour to remove it. 

ThisIsWeird

subjecttocontract said:

You are all missing the point. The OP doesn't want someone else's gate attached to the wall of, what will be, his detached house......end of. It doesn't matter if the gate owner is unhappy with that, it doesn't matter what anyone else wants. He is paying for a detached house and wants it detached from others. It's a major issue for him and as he is the one paying he gets to decide what he wants.
Even if permission was granted by the previous owner it doesn't matter.......and I doubt it would have been in writing, if the new owner recinds any permission the gate has to be removed.

Amen.

This clearly is an issue for the OP, and that's perfectly understandable and reasonable.

Leaving it until they move in will likely be a more fraught process, as it will immediately involve the OP in a direct 'conflict' with their new neighbour, regardless of how reasonable they may turn out to be, and this will not be something to look forward to as you begin your new life in your new home.

This is an existing issue, all parties are now aware of it, and it ain't for the OP to sort.

Then, if after they move in, the neighbour is gauche enough to mention or have a moan about having had to remove the gate post, JellyPot can fob them off with a wee white lie if they like; "Yes, I remember the EA saying it was an issue for a number of interested buyers...". Or, just say the full truth. And JP will be able to gauge the calibre of their new neighbour if they do say anything...

On the EA note, if Jelly threatens to withdraw over this issue, then it could become - I would suggest - a 'significant' point that the EA should be obliged to disclose to other potential buyers, even before they are asked "Why did the last sale fall through...?" - they cannot lie. 

Of course, the vendor's estate could refuse to sort this, but that - for me - would be a significant warning sign, as well as foolish.

Bottom line is, this is a simple physical task to undertake - a handyperson would have it sorted in a half day - so there is no actual 'excuse', other than the vendor is concerned about kicking a hornet's nest.

m0bov

chanz4 said:

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

The neighbour is the one that instigated the dispute by attaching a gate to another property. It might be a sign of things to come.

m0bov

Op, just tell the ea you won't proceed until the gate is removed. I would then start looking at other properties. The brickwork will also need to be made good.

GDB2222

m0bov said:

chanz4 said:

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

The neighbour is the one that instigated the dispute by attaching a gate to another property. It might be a sign of things to come.

You're assuming that they did that without prior agreement?