Hello,

I will do my best to help you with this.

The Access to Neighbouring Land Act 1992 gives you the right to access your neighbour's garden to carry out "basic preservation works".

The right given by the Act has strict rules attached to it. Written notification must be given to your neighbour and it is enforceable by Court Order if access is denied.

What does "basic preservation works include"? In the case of gardens:

"the clearance, repair or renewal of any drain, sewer, pipe or cable so comprised or situate; the treatment, cutting back, felling, removal or replacement of any hedge, tree, shrub or other growing thing which is so comprised and which is, or is in danger of becoming, damaged, diseased, dangerous, insecurely rooted of dead; filling in, or clearance of any ditch ……."

Hi

Given that you were kind enough to allow him to attach the gate to your wall, the best solution would seem to be if he allows you a key to access the gate so that you can tend to your property from his side whenever you need to.

Perhaps you could discuss this with your neighbour and try to agree that you will have access. If he refuses then you could withdraw your permission for the gate and ask that it be detached from your wall and that it should not impose on your property at all, which is quite within your rights to insist on.

Perhaps try the diplomatic approach first though!

Best
John

Maureen

One possibility is to enter into a Deed with the neighbour, which provides for your right to freely pass through the gate at all times in order to tend to your property. This would be an express grant of the right and would legally bind any buyer of the property.

You could put it to your neighbour that he has two choices. First, to pay for the preparation of a Deed along the lines I have mentioned or second, to remove the gate which has been installed.

My first answer (given earlier today) is still relevant in the sense that your right to go onto your neighbour's land to tend to your own property arises from the Access to Neighbouring Land Act and that right cannot be restricted, even if he does sell on to a new owner who decides to be difficult about allowing access.

John

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Thank you

Maureen

Thanks for the update, please let me know how you get on.

Would you mind please changing your rating of my answer? You rated me BAD SERVICE but I have helped you quite a lot. Could you please rate this answer OK SERVICE or above?

Thank you very much
John

Hi Maureen

Thank you for the rating.

There are various ways to approach the problem.

You have requested that the gate be removed. You are entitled to do that and it should be removed. The gate currently encroaches on your property and is therefore not legal unless you consent to it. As you have said, you have had access for 30 years and that is significant. Obviously, you are now refusing your consent so it must now be removed.

If your neighbour agrees but does nothing, you are entitled to apply to Court for an injunction forcing your neighbour to remove the gate. If he does not remove the gate in the next two weeks, you should write to your neighbour giving him two weeks further to remove the gate and confirm that you will apply to the County Court for an injunction if he fails to remove the gate. You will seek an injunction, together with damages for trespass, Court fees and costs.

That should have the desired effect. If it does not, you can visit your local county court, obtain the forms and they will guide you in respect of issuing the claim. I can also help you with that so please come back to me when you need to.

The Deed

The other way to deal with this is by the way in which you word the Deed.

I know you mentioned the problems with the gate possibly bolting from the inside if a bolt is fitted either by the current or a future owner.

What you could say in the Deed is that any lock must be a mortise or padlock in the door of the gate, which is lockable from both sides and that you must be provided with a key at all times in order that you may use the gate at any time you wish. That could be included as a key provision of the Deed and your right would then be protected.

I hope I have given you some further ideas. As you know, I am here to help so if you have further questions please ask.

Best wishes
John