One side of my house is only 9-12 inches from the boundary line which means I have to walk onto my neighbours property to repaint, clean windows or carry out repairs on that side of my house. I have been here over 30 years and this has never been a problem.as I could always enter the neighbours property to access mine. However the house next door has new owner who has erected a six foot gate across the pathway which now prevents me from viewing this side of my property or any access to it if gate is locked. If I have any guttering, window or roof problems in the future I will be dependant on the new owners allowing me access and if they choose to attach anything to the wall of my house I will not have the access to remove it.what is my position on this matter of access please.
Province/Country relating to question : bucks england
this is my first stop for info
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 ……."
I think the point of my query was not answered a) i have had access for thirty years and b) I am being denied access by gate. c) the gardens/hedges is not the issue here.
The gate denies me sight of my wall and i do have 9-12 inches of land on that side which i cannot access (even though it is not wide enough to walk on) I may want to weed it.
Hi MaureenPlease do not rate me 'poor service' because that affects my feedback rating negatively. If you are not yet happy enough to rate me OK SERVICE or above, then please wait until I have answered your question to your satisfaction. Once you are happy, please alter your rating. Thank you very much.Regarding the gate which has been installed, does the gate impinge on your property at all or is it only on your neighbour's side of the boundary?
With my permission the neighbour has fixed a gate post into my house wall there is not enough ground for him to fix the post into the ground as what space there is are the footings of my property, if he moves the gate into his property there will not be a wide enough space for a gate . when I agreed he could fix a post into my wall I was not aware that it would be 6feet high and did not properly consider the implications of a gate restricting my access to my property. should I tell neighbour I've now changed my mind?
HiGiven 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!BestJohn
garden gates are usually bolted on one side as are mine not with keys. what if he or next owner puts a bolt on gate at later date.this guy is just modernising to sell on although he is reasonable now the next owner might consider that as he has a gate he can keep it locked and me out, I will have no agreement with them.this could happen in next 2-3 months.
MaureenOne 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
Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. The question does not close and you can ask follow ups. Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist Thank you
Dear MaureenPlease let me know if you require further help. I would be grateful if you could rate my answer so that I receive credit for helping you. Otherwise the website takes your money and I receive nothing. Thank you
solicitor with 8 years experience
Ten days ago I asked the owner of next door to remove the gate post from my wall and property on his side of my building,although agreeable to this it has not yet been done. Maureen Boyle
MaureenThanks 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 muchJohn
some advice on how to proceed now would be useful, I have rated you good service as you requested however I do not feel your answers have been very helpful so far or told me anything I had not already thought of other than taking the legal route via a deed. I am not sure how a deed helps if gate is bolted from inside, I would have to keep knocking on neighbours door every time I needed access to my own property, they may be at work all day or away on holiday when my roof needs repairs,They could refuse then what? I have to start legal proceedings? I have had access to this side of my property for over 30 years does this not count at all? M Boyle
Hi MaureenThank 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 DeedThe 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 wishesJohn
neighbour came to see me last Friday, said the post had been removed. he was not happy and said he could put a fence along his boundary (which would be one foot from my house wall) and I would not be able to get to any part of my house at all. I told him if he did that I would have to take legal advice, he assured me he would not do that , but I'm not sure if it was a bit of a threat that things could get worse for me? I told him nicely that I'd had access for over thirty years and he cannot block my access to my property, this is just how these three properties were built (in 1924) when I went out the post was still fitted to my property, he had just removed fence panels, I think he needs post fitted to my wall to support his gate post. He has been away since and no one there to speak to this week.Have copied some info from internet re prescription rights of way which is what I believe I have? will keep you informed.
Do I have to pay again to continue with Neighbour saga?
Hi MaureenIf you would not mind, I would be grateful.ThanksJohn
I thought when I started this with Justanswer their blurb said ask as many questions as you wish, I dont recall a time limit or question limit being state. It seems when you get paid my time is up even though the problem is still ongoing??? I'll take my money to a solicitor that can properly advise me on my situation.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).