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

GDB2222

Jellypot said:

GDB2222 said:

Slinky said:

AskAsk said:

the neighbour attached a hook to the wall of my detached house without asking my permission and i think this is very rude but as it was only a hook, i didn't bother to raise a dispute.

When I moved into my previous home my side gate had a hook attached to the neighbour's chimney brest. I did sometimes wonder how much noise it made, however my neighbour had his side gate's hook on his neighbour's wall, as did all the houses along the street apart from mine which had a much wider gap between my house and the neighbour on the other side.

Our current neighbour has all sorts of trellis and a bird box screwed into the side wall of our dining room which goes right to the boundary. It's been there since before we moved in. It doesn't bother us, but when the older lady is no longer there, I think we'll ask her daughter to remove it all (or we'll do it for her with her permission to enter the garden) before they sell, as we don't want a new neighbour presuming they can do what they want with our wall.

That all sounds very civilised. I would not attach anything to a neighbour's house without permission, and I am surprised that it has just been assumed that the gate was attached without permission. 

I don't believe most responses here have suggested it has been attached without permission. This topic is more around the right to have it removed as the new owner, asking the vendor to sort this out prior to moving in and the vendor's refusal to discuss with neighbour. 

The right to have it removed depends on the terms of the permission given. The neighbour may claim that he was given permission to attach his gate forever. Since there were only two people present during this conversation and one of them is dead, it could be difficult to shake his evidence.  Or, worse still, he might have a formal licence. 

one thing I am quite certain about: as this is so important for you, don’t contract to buy the house until you have got to the bottom of this. 

m0bov

GDB2222 said:

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?

Absolutely as there is no documentation to support that. The agreement if any, was with the current owner. It's up to the op if they want to honor that.

GDB2222

m0bov said:

GDB2222 said:

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?

Absolutely as there is no documentation to support that. The agreement if any, was with the current owner. It's up to the op if they want to honor that.

I don't think that the OP has got his solicitor involved, so he doesn't know what documentation exists.

It's conceivable that the neighbour has a licence to affix the gate, and that may be permanent. It's not particularly likely, but it's possible. It wouldn't show up on a LR search. 

youth_leader

So difficult isn't it, I do hope you can resolve this OP.

My husband had died five months previously, and my semi detached neighbours had a very objectionable and unpleasant handy man working for them, he was so cocky and rude to me.  He knocked and said he wanted to show me the 'waste land' he was going to put my neighbour's oil tank -  it was my land. 

I was worried this horrible handyman would interfere with my 'border', and explained I'd have to sell soon, he poo poo'd it and said something about how hard it would be to put the tank into their garden. 

I  checked with my neighbour that I could affix a tall gate to the side at the back of their garage, which then enclosed my courtyard, and luckily they agreed.  They did have 24/7 access to clear their drains/attend to their roof, so I gave them with a key.  They do seem to be getting along with the developer that bought my house - seems they've agreed for him to put his bins in their drive