neighbour says we have to remove our gate - deltech

We own a semi-detached property in the West Midlands.

Our neighbour has a detached property.

We have a side path, wholly on our property, accessing the back door and back garden.

The side path has our lounge and dining rooms on one side, and the neighbour's bedrooms on the other side, approximately 1m apart.

There are no windows on either parties walls along our side path.

Our neighbour has his own side path on the other side of his property, between his property and his other neighbour.

Our side path has a gate, which is contained within a ?3-sided? wooden frame (left piece, right piece, top piece), similar to a football goal.

One side piece is attached to our dining room wall.

One side piece is attached to the neighbour?s bedroom wall.

Neither wall has any windows.

We purchased this property in September 2017.

The neighbour purchased his property in June 2014.

The gate has been in situ since AT LEAST June 2009 (earliest photograph available on Google maps website).

The neighbour has now demanded that the gate be removed because it is attached to his bedroom wall.

Given the fact that this gate has been in situ for 10½ years, AND BEFORE the neighbour purchased his property, AND ALSO the neighbour never insisted (to our knowledge) on the previous owners of our property to remove it, do we have to comply with his demand?

neighbour says we have to remove our gate - FP

I have a feeling you probably do have to remove it - though there would nothing to stop you putting a post in the ground as close to your neighbour's wall as the property line allows. However, I have no legal experience of this sort of issue.

neighbour says we have to remove our gate - Happy Blue!

Do nothing. I do a lot of Expert Witness reports on boundary disputes. Let him sue you first then invoke your legal expenses cover in your household insurance. They have deeper pockets than your neighbour.

The first question is where is the boundary?

The second is how long has the gate been there? and the third is..

Why is he only complaining now?

He may be correct in demanding the post be removed but let him prove it.

However, if you are not bothered perhaps say to him that you will remove it if he can suggest a suitable alternative and he can contribute.

I hate bullies like this, They rarely win if you stand up to them. They never ask politely. If they did they would acheive much more,,,

neighbour says we have to remove our gate - Engineer Andy

Very odd situation, given how long the gate has been there, seemingly not worrying the neighbour. I suspect this may have more to it than the OP is letting on or knows about, possibly related to a separate dispute, argument or slight that may have been blown out of proportion/taken the wrong way and has escalted to what on the surface seems a petty action.

My parents' house (and every other one in the row) is a linked house, i.e. the garage sits in between each, with the inside wall of the garage being the outside wall of the neighbour's house, and the garage roof affixed on one side to the same wall.

Normally, a pathway round to the back of a house (i.e. not a Victorian one to a back alleyway, but to the garden) like this would automatically have a gate somewhere along the path, attached to both walls to give the posts stability/strength. I wouldn't be at all surprise if some kind of clause in the freehold said something to this effect was allowable, as long as the fixings did not comporpmise the wall/interior/anything running in the wall cavity and was 'reasonable'.

Again, I too am not legal expert, but surely something could be worked out if everyone was being reasonable.

neighbour says we have to remove our gate - gordonbennet

Before causing a massive rift between neighbours, which in my experience is never a good thing, have you asked him what the problem is and for any suggestions of a compromise.

If the gate is steel there could be an issue of vibrations going through the neighbours house when the gate is used, and i wonder if this is part of the problem, especially if it's not closed gently, if its hinged his side every vibration will be transmitted to his house, arguably it could be worse if the strike plate or latch is his side if the gate is banged shut, and whilst you might be gentle closing it, is everyone in your household doing the same? maybe you are rougher with the gate than the last people, are your children getting older and more boisterous?

Not pointing fingers here just i hadn't realised till we had side gates made and fitted to divide our garden from our parking area the amount of noise/vibration possible the odd times our dogs rattle the gates, if i'd known we would have had a wooden post bolted to the wall then the gates attached to that, and that might be a solution here for you.

Be neighbourly and seek an understanding here, you do not want to have to disclose a dispute that ended up in the hands of lawyers when you want to sell up at some point.

One other point, the neighbour probably likes the extra security of side gates denying low lifes access to places they can hide in the shadows, so be friendly and come up with a solution that suits everyone if you can.

Edited by gordonbennet on 08/01/2020 at 09:23

neighbour says we have to remove our gate - Brit_in_Germany

Is there a chance that his other neighbours are in contact with the previous occupants of his house? If so, you could try contacting them (or the previous occupants of your house) to see if any permission was obtained when the gate was put up.

neighbour says we have to remove our gate - Engineer Andy

Often the noise/vibration can be the cause, especially if the latch doesn't work well or at all and tha gate bangs shut in the wind as a result, often in the wee hours of the morning, waking everyone nearby up. See that happen a lot with front gates, especially squeaky ones., rather like some idiot with a faulty car alarm that goes off all the time at the slightet gust of wind, etc.

Definitely worth the OP politely trying to find the real cause of the issue. I had a long-time beef with a former neighbour of mine over late-night noise that lead to bad blood for a good while, but eventually we resolved the issue amicably and never had a problem for years and got on really well. Often things can start from something small, but very irritiating and quickly escalate.

neighbour says we have to remove our gate - concrete

Firstly, I am fairly sure they can insist that you remove the post attached to their property. My friend had this issue with a neighbour when he wanted to attach fence posts and rails to his neighbours garage wall. The neighbour was not keen for whatever reason so my friend had to dig holes and secure the posts with concrete. His solicitor advised that his neighbour could insist on no fixings being drilled into or attached to his wall. Secondly a lot depends on your relationship with this neighbour. If it is friendly say you are prepared to remove the post and reposition it in a hole with concrete to secure it and allow a space between it and the wall. Ask him if the post or the gate operation is causing a nuisance. If so he is right to complain. If you accept this it should change their attitude. Thirdly keep well away from the legal remedy in this matter. It will be long, complicated, expensive and the outcome uncertain. What is certain is that would destroy any relationship you have with this neighbour. Good neighbours are like gold dust and you are fortunate if you have them. We do and are thankful for it. However even the slightest acquaintanceship still needs to be on good terms and these need to be fostered. Your neighbour may have gone about this the wrong way which has obviously disgruntled you, but you need to accept the situation for what it is and comply with his, albeit not very polite, request and move on. You will come out of this better than they, especially with the other neighbours. Show that you know how to behave with civility and are capable of doing the right thing to remedy matters. It may not seem important now but it really is. Good luck.

Cheers Concrete

neighbour says we have to remove our gate - bathtub tom

Good neighbours are like gold dust and you are fortunate if you have them. We do and are thankful for it.

How right! I've now one that's done five years for under-age sex with a 15-year-old, and the other that says: " they're the third family living in that house that have ended up not talking to us, just like the people on the other side of the road and those two doors down".

neighbour says we have to remove our gate - Engineer Andy

Another set-up post from the spammer (US dealer import thread)

neighbour says we have to remove our gate - alan1302

Another set-up post from the spammer (US dealer import thread)

You really don't need to reply to every spam post...

neighbour says we have to remove our gate - Engineer Andy

It was more for everyone else so that they didn't bother to engage this 'person' in conversation, especially if they made a big effort in finding out about a subject that the spammer was only asking in order to get their proverbial foot in the door, both of which has happened often and I'm sure can annoy the innocent party involved.

neighbour says we have to remove our gate - sammy1

I do not think you can hang anything on his wall without his permission.. If he wants it moved and you wish to stay good neighbours time scale does not count at all

neighbour says we have to remove our gate - Andrew-T

Sammy, are you getting desperate ? This thread has been dead for three years !

neighbour says we have to remove our gate - sammy1

No I was distracted watching the Carabao Cup and then noticed the date and maybe a nasty link!

neighbour says we have to remove our gate - Xileno

Some irritating spammer raised it from the depths of the forum. It's easy to reply without noticing the dates.

neighbour says we have to remove our gate - Andrew-T

It's easy to reply without noticing the dates.

I'm sure we have all done that occasionally.