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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19576
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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My next door neiboughs have put up a gate which opens out onto

Resolved Question:

My next door neiboughs have put up a gate which opens out onto a three way shared drive and when closed park on the drive stopping pedestrians walking pass .they have to pass by walking on road.if the gates open towards there house they can not close there gates.i think that's why they open out onto the road.plus are they allowed to park on dropped pavements witch is excess to three different houses.plus they think they are a law above three selfs
Submitted: 8 months ago.
Category: UK Law
Expert:  Stuart J replied 8 months ago.

Thank you for the question. It is my pleasure to help you with this today. Please bear with me if I ask for more information.

 

So do these gates open over the road/pavement?

 

Does this obstruct drive or just pavement?

 

Apart from legality what is the problem? Anything else?

 

What is your interest in this?

 

Thanks

 

 

Customer: replied 8 months ago.
It opens over both plus it obstructs both they think they do anything they want down the street plus I can't use pavement because a loads off time they have friends who think they can park anywhere even in front off my dropped pavement.my interest is I can tell the Newhouse owners off my house .because bad neighbours have pushed me to move after 12 years witch was a good neighbourhood once
Expert:  Stuart J replied 8 months ago.
You do not have to volunteer any information to anyone buying your house, unless the question is specifically asked.
I can tell you that there is a question about disputes and you will be required to disclose this if it has become an issue.
If you simply grin and bear it and simply decided to move, then you do not have to disclose it.
If the gate opens over the pavement, that is obstruction and you should refer the matter to the Highway’s Department at the local authority. If you do that, you do need to disclose it to the buyer.
It is an offence to park with wheels on the pavement, although in many congested areas, or local authority and police turn a blind eye to this.
It is also an offence to park adjacent to a dropped curb and if you contact the Highway’s Department at the Council, they will put a white line on the road to indicate where the drop starts and where it finishes.
If the gate interferes with anyone’s right to use the drive, and if this went to court, the judge was of the opinion that the obstruction was “substantial” he can order the gate removed.
So there you have the situation.
Does that answer the question?
Can I help further?
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19576
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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