Neighbour has placed gate on my property

Re: Neighbour has placed gate on my property

Postby HackedOff2 » Tue Apr 14, 2015 8:22 pm

Thanks for your reply Mac - yes the gate was returned; we placed it in her garden.
I also put a letter through her door explaining I had done this and why (unlawful tresspass).

Her letter tells me not to step over the boundary onto her land. I have never done this before, but it was impossible to remove the gate without doing so.
It was double bolted and padlocked on her side and the fixing bolts were blocked by the gate itself so we had to open it to remove it.
And actually I didn't step into her garden, the guy removing the gate did.

How can I reply to advise her that it is bullsh1t regarding the attachment to my fence.
She says in her letter that her daughter works for a firm of lawyers, and having received my letter, she thought she would take legal advise and has now done so.
Is she just trying it on or is there some circumstance that they would have told her she can actually attach things to my fence?
Can you point me at anything specific so I can quote where it shows she can't do this please?
Many thanks
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Re: Neighbour has placed gate on my property

Postby HackedOff2 » Tue Apr 14, 2015 8:34 pm

Hi Collaborate
Thanks for your reply.
Mac is right, it is a pipe fed from a calor gas. I haven't rung anyone yet as I really am unsure who to contact about it.
Not only is the attachment to my fenceposts a concern, but when her son laid the patio he actually concreted over part of the pipe.
I was advised by a tradesman who came to quote me for a new fence that it should have been encased in a protective sheath and that over time the pipe would corrode.
Initially she said she 'had wondered' when I asked about it, but now insists it is in a sheath.
There is no sign of one which would surely protrude from the concrete had one been fitted.

So all in all the gas pipe is a worry and I really wish I knew where to turn for help with what to do about it.
I will ring british gas tomorrow and see if they can advise me at all.
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Re: Neighbour has placed gate on my property

Postby Collaborate » Tue Apr 14, 2015 11:55 pm

She can't get an easement over your property (a right to keep her pipes attached, in other words) if her use of the pipes is in the face of your objection. However the only way you could force her to remove the pipes would be to take her to court.

I'm unsure whether you could give her notice that you intend to take the fence down (the inevitable consequence of which would be that her pipe would break unless she removes it) without adverse consequences for you. Therefore it seems more than a trivial matter that the court wouldn't think worth their while. Everyone should be entitled to replace they fence whenever they choose.
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Re: Neighbour has placed gate on my property

Postby arsie » Wed Apr 15, 2015 11:07 am

Here in the countryside where there are no gas mains it is increasingly common for builders to install propane for cooking (orange cylinders, these are the ones used in static mobile homes, propane can be used in freezing conditions.) I imagine different rules and regs apply and it may be you will get a #nothingtodowithme response from British Gas.

Even so I think it is a trespass and a risky one at that to attach such pipes to your fence posts. Although if you are not replacing your fence/posts/gate anytime soon does it matter right now?

When time comes to do some works of your own I would remedy concrete splashes, patio slab overhang, pipes attached, gate post attached to my house etc without notice, provided you warn her in writing now (so you can't be deemed to have remained silent and accepted the trespass.)
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Re: Neighbour has placed gate on my property

Postby HackedOff2 » Wed Apr 15, 2015 12:38 pm

Thanks for the replies.
Yes it is the orange gas bottles we have out here.

I did speak to British gas, who pointed me at the calor gas helpline.
Their engineer advised that that it is ok to attach a gas pipe to a concrete post (we didn't get into whether it was her or my post - I just wanted to know if it was safe to do that at all).
However it is not ok to bury a metal pipe in concrete.
They wanted me to report the fitter, but I explained the fitter did nothing wrong as the pipe was burried some time later when her son laid the patio.
Incidentally her son also concreted and paved over her man hole cover... But that's not my problem!

They pointed me at the gas safe website and said I should contact them to see what they could suggest.
I thought maybe at this point I could request to see a recent gas safety certificate which would show the pipework to be safe.
Does that sound a reasonable request given my concerns over the safety of the gas pipe?
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Re: Neighbour has placed gate on my property

Postby COGGY » Wed Apr 15, 2015 3:16 pm

Hi

Incidentally her son also concreted and paved over her man hole cover... But that's not my problem!


Are you certain that this will not affect you?

Kind regards
Coggy
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Re: Neighbour has placed gate on my property

Postby HackedOff2 » Wed Apr 15, 2015 5:11 pm

Yes because the pipe to the main sewer starts at neighbours3, goes through her garden (patio over manhole), then to mine, then to neighbour1 and out to the road.

It got backed up a couple of years ago and poor neighbour3 had a terrible time trying to unblock through from his manhole cover as he couldn't access hers. He managed it eventually by accessing through mine and his own.

However I may not be quite so understanding should they have an issue again...!
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Re: Neighbour has placed gate on my property

Postby MacadamB53 » Wed Apr 15, 2015 5:28 pm

Hi HackedOff2,

Does that sound a reasonable request given my concerns over the safety of the gas pipe?

you have told your neighbour, regardless of how safe it is - that the pipe work must be removed from your property.
so asking to see a gas cert would seem to me to be fishing for conflict and distracting.

Kind regards, Mac
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Re: Neighbour has placed gate on my property

Postby HackedOff2 » Wed Apr 15, 2015 7:00 pm

The bit that has been concreted over is not attached to my fence though.
So she could remove the attached part and still leave part of it encased in concrete further along.
Going by her previous reaction to my asking her to remove it, and what she says in her letter, I really think she won't and continues to believe she is entitled to do as she likes.
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Re: Neighbour has placed gate on my property

Postby MacadamB53 » Wed Apr 15, 2015 7:03 pm

Hi HackedOff2,

The bit that has been concreted over is not attached to my fence though.
So she could remove the attached part and still leave part of it encased in concrete further along.


and that's any of your business because....?

Kind regards, Mac
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Re: Neighbour has placed gate on my property

Postby HackedOff2 » Wed Apr 15, 2015 7:25 pm

Because it is right beside my back door/kitchen on the boundary line.
I was advised by a tradesman, and now the calor gas helpline engineer, that a metal pipe will corrode if not protected.
At some point there will be a gas leak and potentially an explosion - right next to my back door.
I think that having an unsafe gaspipe right next to my property is very much my business.
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Re: Neighbour has placed gate on my property

Postby COGGY » Wed Apr 15, 2015 7:54 pm

Hi

Have you contacted the Health & Safety Dept at the local Council? Have you looked on the Gas Safety website as advised? There are several contacts if you look on Google where you could ask for advice on this.

Kind regards Coggy
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Re: Neighbour has placed gate on my property

Postby arborlad » Wed Apr 15, 2015 8:05 pm

HackedOff2 wrote:Thanks for the replies.
Yes it is the orange gas bottles we have out here.

I did speak to British gas, who pointed me at the calor gas helpline.
Their engineer advised that that it is ok to attach a gas pipe to a concrete post (we didn't get into whether it was her or my post - I just wanted to know if it was safe to do that at all).
However it is not ok to bury a metal pipe in concrete.



Having portable bottles and fixed pipework doesn't seem right to me - somethings amiss somewhere and it is very much your concern, despite what someone is saying.
arborlad

smile...it confuses people
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Re: Neighbour has placed gate on my property

Postby MacadamB53 » Wed Apr 15, 2015 8:45 pm

Hi HackedOff2,

so you need to raise your concern with the relevant authorities - not make it your business by doing what the authorities will do.

btw, gas safety certs are for tenants of rented property - I assume your neighbour is an owner-occupier?

Kind regards, Mac
edit: arborlad - nobody has denied it is the OP's concern
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Re: Neighbour has placed gate on my property

Postby ukmicky » Wed Apr 15, 2015 9:50 pm

If the gas pipe remains an easement will be gained.


Put it in writing and keep a copy that she has no legal right to attach anything to your fence even if it's on the boundary and that the gas pipe must be removed by .. /.. / 2015 .

If she fails to remove it by that date you will 7 days later remove your fence and detach the pipe your self.
Advice given is not legally qualified and you are advised to gain a professional opinion
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