neighbour has gate onto my land!!

owitemisermusa

In the spirit of good neighbourliness, I think you should let them use it. It's no skin off your nose and it can only create mutual understanding.

If you feel the need to protect yourself then be clear in your dealings with them and say it's a one off / 'just this time' etc Gently remind him/her that it's your land and you're only being kind.....


What's the point in fretting about them 'taking liberties'? Life's too short.
If that situation arises, deal with it then, don't act as if it's happened already. There are other things to worry about.

If the matter is legally in your favour, don't worry, it's unlikely to suddenly become their land etc.

And oh, a few brownie point won't hurt!

oasisfeverish

I would for neighbour relations state that on this occasion yes the gate can be used, but subject to a daily access rate of £10. Therefore every day that the builders require access a £10 fee will apply. Get a contract drawn up and on that contract get it stated the first and last day access will be required. Quote the full amount and how payment will be made and by what date. Get your neighbour to sign it and remember to add a clause about any damages / mess will be charged in addition to this fee, give them a copy.

Let the builders do their bit, and once done, collect money. If neighbour fails to pay, take to small claims as you will have evidence of an agreement signed. Plus whilst builders are using said access, take some photographs as these may prove useful.

Once job done, payment received. Then enforce the perm closure of gate access.

Debt_Free_Chick

oasisfeverish wrote: »

I would for neighbour relations state that on this occasion yes the gate can be used, but subject to a daily access rate of £10. Therefore every day that the builders require access a £10 fee will apply. Get a contract drawn up and on that contract get it stated the first and last day access will be required. Quote the full amount and how payment will be made and by what date. Get your neighbour to sign it and remember to add a clause about any damages / mess will be charged in addition to this fee, give them a copy.

Let the builders do their bit, and once done, collect money. If neighbour fails to pay, take to small claims as you will have evidence of an agreement signed. Plus whilst builders are using said access, take some photographs as these may prove useful.

Once job done, payment received. Then enforce the perm closure of gate access.

Please tell me you're not serious .....

Lotus-eater

I'm glad I don't live next to some people on here

carpetbelly

The main thing I don't get is you bought the house nearly 2years ago... Are you saying you didn't notice a gate in your carport for nearly 2 years, or you couldnt be bothered to block it off?

Also, what is your relationship with these neighbours like? You've lived there long enough to either get on with them or not and where's the harm in being neighbourly?

Some of the responses from people are baffling and just quite frankly seem either money grabbing or deliberately obtuse. The neighbour asked permission to use your gate first. If you don't want them to then so be it... But you've also had 2yrs to board up said gate or chase up the people who sold you the property to ask why this was never done even though it was indicated when it was sold to you.

Personally for the sake of good relations with my neighbours I would have let them use it ensuring if any damage happened it would be sorted at their expense. But that's my personal opinion and I like to have neighbours who feel they can talk to me rather than have a slanging match some of our others have with each other.

pink_muppet

Maybe you should have not bought the house either and bought yourselves a house with no neighbours around at all

I personally think you are completely overreacting with this, in the grand scheme of things there are more serious issues going on in this world today

PasturesNew

Some people here have either never suffered at the hands of bad neighbours or think you can reason with them.

Or maybe they are bad neighbours and just do !!!!!! they like.

Or maybe they have a big bully boy partner who sorts these things out for them.

I had a neighbour who decided (as did his family, friends, visitors) that because there wasn't a physical wall up it would be OK to park their vehicles (including very large vans) IN my garden/driveway while they went off shopping and round town for 5 hours. Yes, in my driveway right in front of my garage door.

Some neighbours take the pee from the start.
Some ask once then take the pee.
Some are just nice and wouldn't dream of taking the pee.

There was an existing resolved dispute with this particular neighbour over this particular gate. The OP obviously has concerns after 2 years in that house that this might escalate or she'd have said yes and never asked us.

Catblue

This gate did not appear from nowhere.

The neighbour deliberately erected a gate onto land over which he had no right of access. Downright bloody sneaky, if you ask me. The only reason that he would do this is to use the gate to provide access from the OP's land onto his land.

He had no legal right to do this. He fell out with the previous neighbours about it and refused to remove it.

None of this suggests reasonable behaviour on the part of the neighbour to me, and I have a feeling (since it has been going on so long) that he intends to try and obtain prescriptive rights over the OP's land.

The OP's house will be devalued if the neighbour accrues a right of way over her land.

ohmsoft

I've swung both ways on this one while reading - I think I would allow use with permision and make it clear permission is required each time - I would confirm that you have to be strict about this because of the previous dispute....I say that on the basis that you have not had any trouble from them in the couple of years you've already been there?

I remember when my parents first moved into their house - their new next door neighbours actually took down their fencing and let them carry stuff accross there back garden!!! which was really nice of them.......a couple of years later in a massive downpour of rain while the neighbours were sunning in Spain my entire family were placing sandbags and pumping water from their garden to keep it from flooding. They were so pleased - but what goes around, very often, comes around.

You know whats fair in your own circumstances - but if the neighbours wants to be unreasonable he will....you've already told us that you go to bed early so I hope he doesn't start having some late (but reasonable to EHO) night parties! I dont wish to tempt fate, and im sure it won't come to that but you get the idea