My Fence and Neighbours Gate

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DanTheMan121
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My Fence and Neighbours Gate

Post by DanTheMan121 » Mon Nov 21, 2016 10:55 pm

Hello, I am in need of some advice regarding a neighbours gate that attaches directly to my fence post.

On the left side of my property runs a fence that the deeds state I am entirely responsible for, this fence has become damaged in recent storms and requires replacing. 50% of the fence is bordered by an alleyway leading to the neighbours gate, and after this gate begins their garden which borders the remaining 50% of my fence. The gate had been attached to my fence before I had purchased the house, so I have not directly given permission for it to be so. Also, the fence post the gate is attached to has become fragile, the neighbour has taken it on himself to hammer some metal in-between the alleyway paving slabs and my fence post to force it upright so his gate still opens fluidly.

My questions are as follows:
a) When I replace the fence, am I expected by law to detach and replace the neighbours gate on my new fence post? Or can I tell them not to do it? I don't really want it attached to my fence post as they do not ask / care about permission before doing things to my fence or property.
b) The current fence currently is a custom fence, with the panels individually constructed. When I replace the fence I would like to use generic fixed length panels, meaning there might not even be a fence post in the same position for the Neighbour to fix their gate to. Does this infringe on 'right of way'? Am I allowed to do this? Its a cheaper option for me.

Thanks for any advice in advance :)

mr sheen
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Re: My Fence and Neighbours Gate

Post by mr sheen » Tue Nov 22, 2016 7:19 am

The clause in the deeds is unenforceable and may not reflect the true ownership of the fence so you need to discuss the matter with the neighbour who may have paid for the fence, you don't know yet.
If you wish to replace the fence, that is your choice but you should consult with the neighbour and replace it as is in order to maintain neighbour relations. The fact that a gate existed before you arrived, indicates the neighbour has a right of way and changing this may lead to a dispute.
The neighbour doesn't seem to want the fence to fall down so he has taken remedial action to support it .....nothing wrong with that.
All in all....go and discuss with the neighbour how the fence can best be replaced for all concerned.

arborlad
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Re: My Fence and Neighbours Gate

Post by arborlad » Tue Nov 22, 2016 12:45 pm

DanTheMan121 wrote: The current fence currently is a custom fence,


Do you mean a featheredge fence, which side are the posts and rails?

Is the fence the same age as the house?

How wide is the alley?

Is the gate still useable?............the neighbours gate on the neighbours post would be preferable, if there is sufficient space.
arborlad

smile...it confuses people

Collaborate
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Re: My Fence and Neighbours Gate

Post by Collaborate » Tue Nov 22, 2016 7:34 pm

I don't think rights of way and gates are the issue here.

On the face of the deeds OP owns the fence. As with this current thread, even if the neighbour paid to replace the fence they simply replaced the fence owned by OP : http://www.gardenlaw.co.uk/phpBB2/viewt ... =6&t=20566

You can replace the fence with whatever you want. Best let the neighbour know in advance though, so they can sort out their fence. They have no right to demand that their gate be attached to your new fence, which may have hastened its demise.

DanTheMan121
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Re: My Fence and Neighbours Gate

Post by DanTheMan121 » Tue Nov 22, 2016 7:56 pm

mr sheen wrote:The clause in the deeds is unenforceable and may not reflect the true ownership of the fence so you need to discuss the matter with the neighbour who may have paid for the fence, you don't know yet.
If you wish to replace the fence, that is your choice but you should consult with the neighbour and replace it as is in order to maintain neighbour relations. The fact that a gate existed before you arrived, indicates the neighbour has a right of way and changing this may lead to a dispute.
The neighbour doesn't seem to want the fence to fall down so he has taken remedial action to support it .....nothing wrong with that.
All in all....go and discuss with the neighbour how the fence can best be replaced for all concerned.
Thanks for your reply.

I have already had the council around regarding a complaint she had maid earlier in the year stating my decking was too high, which it wasn't... at this point the council confirmed that I own this fence.
The fences are the originals as the houses are only 25 years old.
I think taking any action on my fence without consolation is wrong, especially as the post is now slightly leaning into my garden after the metal has been added. I do see your point though.
I have tried my very best with this neighbour, always calm and polite even when being shouted at. I still plan to notify her of any changes as a respectful neighbour should do, I just don't want anything she owns (gate) attached to anything I own (fence) so we can go our own separate ways in the future.

DanTheMan121
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Re: My Fence and Neighbours Gate

Post by DanTheMan121 » Tue Nov 22, 2016 8:05 pm

arborlad wrote:
DanTheMan121 wrote: The current fence currently is a custom fence,


Do you mean a featheredge fence, which side are the posts and rails?

Is the fence the same age as the house?

How wide is the alley?

Is the gate still useable?............the neighbours gate on the neighbours post would be preferable, if there is sufficient space.
Hey,

Its kinda like a featheredge fence, it has been constructed between the posts. The rails sit my side for the alleyway section, and her side for the garden section for some reason.

The fence is the same age as the house, so its getting a bit worn now.

The alleyway is slightly larger than the width of one typical large council paving slab, easily enough for 2 people to walk past eachother.

Gate is still useable, nothing is obstructing it. I would much rather they install their own post so there's one less reason for us to communicate. It would be a narrow gate if they installed their own post, but I do not want it hinged to my fence anymore.

DanTheMan121
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Re: My Fence and Neighbours Gate

Post by DanTheMan121 » Tue Nov 22, 2016 8:09 pm

Collaborate wrote:I don't think rights of way and gates are the issue here.

On the face of the deeds OP owns the fence. As with this current thread, even if the neighbour paid to replace the fence they simply replaced the fence owned by OP : http://www.gardenlaw.co.uk/phpBB2/viewt ... =6&t=20566

You can replace the fence with whatever you want. Best let the neighbour know in advance though, so they can sort out their fence. They have no right to demand that their gate be attached to your new fence, which may have hastened its demise.
Thank-you that's exactly what I wanted to know. The neighbour is extremely arrogant dispite my best calm attempts at resolution. So they have no right to demand that I accommodate their gate in my choice of fence?

Collaborate
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Re: My Fence and Neighbours Gate

Post by Collaborate » Wed Nov 23, 2016 7:38 am

They may have acquired a right of support over 20 years, but would have to prove that. However a right of support doesn't mean you thereby become responsible for holding up their gate when the gate itself causes your fence to buckle.

Flitch Fancier
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Re: My Fence and Neighbours Gate

Post by Flitch Fancier » Sun Apr 28, 2019 10:51 pm

I have a similar issue with my neighbour, he's removed part of my fence and 5-bar gate and replaced it with a metal gate on rollers, which he attached to my gate post; all without a 'by your leave...'

Like you, there is no talking to him as he is a bully and only interested in getting his own way. When I renew my fence (and gate posts) - at his insistence - I will write to him and tell him that I am withdrawing my permission for him to support his gate on my post, and ask that he remove it within [say] 14 days.

We'll see how he likes them apples... :!:

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