neighbour has gate onto my land!!

Poppy9

I'm struggling to picture the car port but if you are not using it I would put up gates at the entrance to it so only you can access it and put a shed and patio table in the area to make it part of your garden.

I would let him use it this once but say it's only for 1 day as you are planning on utilising the space for use this spring/summer for BBQ etc.

If though I am reading your OP correctly you have your house, then 2 attached houses to your right and then your car port to the right of them. If that was the case I would sell it to them as you should get a tidy sum and it doesn't really add value to your house.

kingkano

Is it your fence or his fence? If your fence, you can then just replace the panel yourself. Job done.

If he is just doing building works why not rent him the space/access for that period. Write up a proper contract for it so that its all spelled out, timeframe etc. This way he gets his access you get peace of mind that everything is documented and sorted. If its his fence, you could build into the contract that the gate goes immediately after the building work is completed (replaced with a regular fence panel).

Idiophreak

I think I'd probably say that they could use it this one time, as a favour, assuming they pay for any damage that occurs as a result. I'd then suggest you might consider it in the future if they asked again, obviously depending on how they behaved the first time. And I'd make it quite clear that if they were ever seen using the gate without permission it would be boarded up in 10 seconds flat and no further access would be given to your property under any circumstances.

Fair but firm

haylibo

well, whatever you think, I am not a bad person. I personally, wouldn't have bought a house where the only access was the front door. Also he was in dispute with the previous occupants about the gate, so i would assume he was taking the michael\
I would normally want to 'do the neighbourly thing' and allow access but two things got the old alarm bells ringing;
1, the previous dispute which means that this guy probably *has* been given an inch and taken the proverbial
2. he should have removed the gate and is probably relying on you being less inclined than the previous owner to enforce your rights.
I'm with your dh and would politely but firmly reply 'no'. I would also explain that, whilst he *does* have a gate on to your property you are taking advice on whether that is reasonable as you would prefer the land secured.
Like you I'd want some advice on whether he is creating a specific position to use the land by using it regularly. I know nothing of property law but it does throw up some funny rules and regs and I'd want to nip anything in the bud re: access rights. Maybe legal advice needed? Could you go back to your purhase solicitor for some free (hopefully) clarification?
BW
Hayles

Davesnave

I still hold with the idea of avoiding disputes. If the neighbour is a funny b*gg*r, 'things' may happen later over which you will have no control; things in the middle of the night probably! Grudges about boundaries & property generally can lead to much irrational behaviour. I'm sure I don't need to elaborate.

Also, if you get into any kind of dispute or row, that WILL have to be reported on the usual Solicitor's Enquiry Form when you come to sell. (or at least you would otherwise have to lie)

I wouldn't give the guy carte blanche, but I would look for a balanced approach. Not knowing the site, it's hard to make further suggestions, but surely gates, securely locked across the entrance, would inhibit trespass if installed at a later date? You have time to consider it anyway & meanwhile I'd be finding out what really happened previously.

Datasafe_2

Look. In my personnal experience if you let this neighbour do something once he will take liberties later on. I have had similar experieces and later on when you take issue with them they just say " you said it was OK" even if they have done something completely different. Its all very well ppl saying " awww its only this once, be a nice neighbour" but a firm no will save you a lot of grief later on. Mark my words.

Women are soft. :rolleyes:

tomstickland

then this week our neighbour knocked on our door, and asked for permission to use "our gate" for people to gain access as he was doing some building in his garden.

He calls it your gate. That suggests that doesn't regard it as his gate.

We were shocked and of course said no,

Why "of course". It strikes me as petty and unreasonable.

as far as we were concerned, the gate does not exist.

It clearly does, but has been used so few times that you haven't even noticed that it's there.

Obviously our neighbour still has a working gate, if he asked for our permission to use it.

what do we do now, can we demand that the "gate" to be replaced by a fence panel? I am really stressed out by this and don't want to start a feud.

Really, you need to relax and be more amenable.

The neighbour has a gate onto a car port space. He never uses it. As a good neighbour he's politely asked whether he could use it for some work that needs doing.

I personally, wouldn't have bought a house where the only access was the front door.

Someone will live there and some times they might need to have access to their garden.


Your attitude is not going to help prevent a feud. You are appearing unreasonable. Talk to the neighbour, explain that you are not happy about the gate, but allow him to use it for his building work. Explain that you don't want this to become a permanent agreement.

If you carry on like you are then your neighbour will classify you as akward and unreasonable and in turn will become more unreasonable to you.

tomstickland

Look. In my personnal experience if you let this neighbour do something once he will take liberties later on. I have had similar experieces and later on when you take issue with them they just say " you said it was OK" even if they have done something completely different.

Well, you had to communicate to them that it wasn't OK.

benood

I would have been made nervous by the fact it came up during the purchase, so why not say this to your neighbour:- sorry can't let you use it because it was a big issue on the purchase of the house so we're nervous about it.

That way you're effectively dumping the problem onto the previous owners and you avoid appearing intransigent.

I'd be surprised if you could remove the gate in your neighbours fence even though they can't actually use it as a right of way.

Perhaps a call to your solicitor might shed some light on what you can offer without creating a precedent.

*Louise*

Datasafe wrote: »

Women are soft. :rolleyes:

We tend to be

Tbh, if I was in that situation, I wouldn't have even had to think about it - I would have said 'on you go' and let them use the gate. It's nice that they asked permission - a lot of people might just have gone ahead and used it.

You have to live next door to them for the forseeable future - doesn't hurt to be neighbourly.:D