My house forms an alley/ access with neighbour. Can I remove the plinth from my wall

Hezzib

I have a detached house.
one wall lines garden access for my neighbours to their garden
a gate was put up using my wall to have the closing plinth on ( not on a post)
I want to remove this part of the gate from my wall.
The gate is broken and bangs in wind.
I am concerned it will effect my brick work and the noise is awful.
The land lord does not respond.
Can I remove this plinth from my wall - inspect - then refused to have the plinth put back on my wall.
Any ideas

QrizB

Who owns the gate?

You mention a landlord. Can you clarify which property the landlord owns?

Albermarle

In the meantime why not just stop the gate from banging by wedging or tying it with something. 

I know it is not your gate, but as long you don’t damage it, I can not see anyone getting too excite about that.

CliveOfIndia

Hezzib said:

I have a detached house.
one wall lines garden access for my neighbours to their garden

Not sure what this means?  If you have a detached house, you normally have access to your own land, and no-one else is allowed access.

Hezzib said:

I am concerned it will effect my brick work and the noise is awful.

If you have a detached house, anything attached to your house is your responsibility.  I'm confused.

Hezzib said:

Can I remove this plinth from my wall - inspect - then refused to have the plinth put back on my wall.

Well, yes.  If you are in a detached house, then no-one is allowed to attach anything to your wall, and you are at liberty to remove anything that's attached without permission.  Barring any covenants or suchlike that may be attached to your house.

Hezzib

Thanks - I am detached.  The alley belongs to next door.  Yes they screwed the plinth on to my wall years ago.   I have found no permissions for this.
iYes, I have pinned back the gate at times - it quite rotten -  it doesn’t work.  All the panels wobble.   Tenants difficult.

Thank you,  I will write a letter to the Landlord.  Tried contacting through letting agent, there is a silence.  My guess, this guy has no money for repairs.
another route advised was environmental health for noise.   I would not get the machine on a windy day.
i know I am allowed to remove the plinth and refuse to have another put up and ask for repairs.   It how I achieve this after Landlord ignores me.
thank you everyone

WIAWSNB

Hi Hezzib.

As outlined above, more info is needed. 

Whose wall is it? Do you know? For certain?

Ie, do you know where the actual infinitesimally-small boundary line runs, and can you evidence this pretty confidently? If so, and this wall sits fully on your side - ie the neighbour's side of your wall sits along what is the 'boundary' - then it's 100% yours, and - yes - you can prevent his gate from making contact. Or remove the 'plinth' or latch or whatever is attached to your wall. 
There's always the risk of someone claiming a 'prescriptive easement', or similar - ie, that it's been there for so long they have gained a 'right', but I'd see little chance of this happening here as it's such a trivial issue, with obvious alternative solutions. And, the owner would need to be able to evidence continued infringement for, what?, 20 years or summat? And one without you having given implied permission. Ie, since the 'plinth' has been there up until now with both your knowledge and permission, a PE cannot be claimed.
So, you are now simply withdrawing your consent - end of.
It sounds as though you've given the owner adequate opportunity to respond, so if you wish to remove the plinth, and put a brick on the ground to prevent the gate being damaged by swinging wildly in the wind, then do so.
If the tenant complains, tell him you'd allowed the owner to fit the plinth, but that permission is being withdrawn. If he threatens to attach anything to replace it, call your local Bobby - it's 'trespass with criminal property damage'.
As long as it's your wall.
(That's the general gist, but bear in mind it's the opinion of a laypeep).