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our gate on neighbour's wall

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  • our gate on neighbour's wall

    Our property is a semi, and our neighbour's property is detached. There is about a metre between the side walls of both properties. Neither property has windows on these walls.

    We have a side path between the properties, giving access to kitchen door, and rear garden.

    They do not have a path between our respective properties. They DO have a side path between their property and their next neighbour up.

    We have a six foot high wooden gate on the side path, providing security to rear of our property. The gate sits in a "3-sided wooden frame"; a side piece attached to our dining room, a side piece attached to our neighbour's bedroom, and a top piece connecting the two side pieces.

    Our neighbour has told me verbally that I have 5-days to remove the gate as it is attached to his wall without permission. He added that if I don't, then he will either do it himself, OR, pay someone to do it.

    Should he OR "someone else" choose to do so, then this would require purposely damaging the gate/frame to gain access to the screws that fix it to his wall, as we keep it locked except when entering/leaving.

    It can be seen from Google maps that this gate has been in situ since at least June 2009.

    A quick look on www.landregistry.data.gov.uk shows that the neighbour's purchased their property in February 2014.

    We purchased ours in September 2017.

    Irrespective of whether this gate should or should not have been erected on/before 2009, do our neighbours have the right NOW to insist we remove it? (well specifically, the wooden side frame attached to our neighbour's bedroom wall)



    Tags: None

  • #2
    The answer is "possibly", but if they do remove it they must do so without damaging it.
    It is a criminal offence to damage another's property.

    Rather than risk a full blown war over a gate post I would be inclined to remove the "offending" post myself and replace it with a post set in the ground about one inch from the wall, and make good the holes in his wall

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