Do I have to take my gate down?

Do I have to take my gate down?

11:39 AM, 10th October 2022, About A year ago 2

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Hello, The access to the front of my property is through a neighbour’s garden. It is an agreed width – 12 ft.

We own the boundary.

The properties are at the end of a cul de sac, up a narrow drive. Their ‘garden’ is their car park.

Our front garden has space for a car and a small lawn which our children play in etc.

The boundary previously had a wall over half of it and nothing else.

However, this meant dogs were constantly coming into the garden and defecating on the lawn where children played. Not safe.

We had a gate put in to stop this.

The gate is, thanks to a decision made by the builders when we were not around, slightly over the 12 feet. Neighbours didn’t mind.

In the meantime, the neighbour’s house has sold.

The new neighbours, over a year since moving in, are saying we have to take the gate down as it implies access is wider then the 12 feet.

Do we legally have to remove/replace the gate?

Can a gate be wider than the legal access?

If there was no gate at all, just a gap in the wall, as there used to be, is that OK? (ie we take the gate down but don’t replace it).

Thank you,

Stephen


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Comments

Graham Bowcock

17:07 PM, 10th October 2022, About A year ago

Hi Stephen

You haven't provided enough information to enable a professional to give you a proper answer. Ideally you should take the paperwork and facts to a decent property lawyer if you are about to embark on a dispute.

For what it's worth, I don't think it matters how wide the gate is. The width of any access will (hopefully) be defined in any documentation and that will be the entitlement. However, the devil will be in the detail of the documents.

Smiffy

7:53 AM, 11th October 2022, About A year ago

The agreement that states the access is 12ft is the controlling factor. I assume this is and was documented when the neighbour bought the house and the access is listed on the land registry.

A gate "implies" nothing and certainly doesn't override the land registry documents.

Solution, offer to let them have the gate modified at their cost.

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