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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7613
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi. I have purchased a house which has a very long back garden.

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Hi. I have purchased a house which has a very long back garden. At the time of purchase the boundary at the end of the garden was marked by a chain link fence which backed onto a car park which I believe is owned by the parish council. I wrote to the parish council asking if I could replace the fencing with a wooden fence for privacy and a gate for access to the high street for my mother who was terminally ill. I never received a reply and as I did not like people being able to see into my property from the public car park, i went ahead with my plans. sadly my mum has passed away now and, although I still have not had anything said or written to me personally, I believe the council want me to remove the gate due to something called right of access. I do not understand what the issue is as we do not interfere with anybody parking in the car park and pose no danger to ourselves or others by using this gate. Do you have any idea what the issue may be?
Lisa Meech

Do you know if the council or anyone else have a right of way over the land that you have fenced/gated?

Customer: replied 5 years ago.

Hi. No they don't. It is my boundary which then leads directly onto the car park.





Hi Lisa

Thanks for your patience..

I think you can relax a bit. A person can only object to a gate being erected on another person’s land if they have a legal right of way over the land.

If they did have a legal right of way then they would be able to request a key to the gate. The would not be able to request that the wooden fence is taken down unless this prevented access to the right of way.

If there is no right of way in favour of another person and no public right of way over the land you have fenced and gated then I cannot see how anyone would be able to legally compel you to remove the wooden fence and gate.

Sometimes the legal title to land has restrictive covenants placed on them. These can restrict the owners from doing certain things, but only the person who originally imposed the covenant can enforce it against you usually.

Provided there is no private or public right of way being obstructed by the gate/fence.

My advice would be to do nothing for the time being and wait to see if they object. If they do then ask them to show you their legal right of way. If they can’t then you don’t have to do anything. If they can then you may have to provide a key to the gate.

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