Do I have to take my gate down?

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