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Legal matters

Gate attached to our wall

9 replies

yomellamoHelly · 08/05/2018 17:43

Can anyone just quickly clarify our rights?

Next door are doing some building work and today their carpenter attached the gate to their side passage. First I knew was when I heard him drilling into our wall. I told him to stop, and he did for 5 minutes. Then he carried on. I went and shouted at him. He ignored me and packed up and went home.

Just "spoken" to Mrs next door and she's insistent they have every right to do this and that's how the gate always was. I am sure it wasn't but don't have photographic proof.

As part of their work they pulled out the rotten half-height fence along our boundary to gain access for their digger. My memory is that the gate opened the other way and attached to this post. Our wall is set back 3-4 inches from the actual barrier. They've redone all the attachments for the gate when they've refixed it.

My main concern is the fence slamming against our wall as they enter and exit the house. It's quite a lively house.

Also, it's our land surely?

Bit upset at her reaction tbh and wondered if anyone had any wise words. Should I just suck it up? And throw her death stares every time I see her?

OP posts:
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SavoyCabbage · 08/05/2018 17:49

Have you looked on google street view and Apple street view (they have different images) to see if you can see the gate?

Surely they can’t drill into someone else’s house!

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Lisette40 · 08/05/2018 17:52

Just watching with interest. When I moved into my house, our gatepost was already attached to our neighbour's wall, and theirs is attached to the next neighbour's wall. If replacing the post I'd be inclined to ask first.

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yomellamoHelly · 08/05/2018 19:35

Have looked at both. Images unclear. Posts either side same level of chunkiness and no sign of latch.

OP posts:
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blaaake · 08/05/2018 19:45

I don't understand, sorry Confused can we have a diagram?

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Collaborate · 09/05/2018 07:15

What do your deeds mention about this wall/boundary feature? Is it referred to as a party wall? From what you say, it may well be your wall, in which case you can insist they remove their gate, They must not lean anything against your wall, or attach anything to it. If there used to be a gate attached then surely there would be old holes?

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metalmum15 · 09/05/2018 07:28

Op get this sorted, we have this exact problem and it's a nightmare, especially as our neighbours use the gate constantly. I believe if it's taken off they cannot reattach without your consent, even if there was a gate there originally. No one can drill into your wall without permission. If there was one there before surely you would have heard it banging and slamming? I can't remember the name of the site but there's a great legal site that gives information on boundary lines, fences and gates etc. Also check your deeds. Definitely look into it further and don't just put up with it. The gate attached to our wall was never a problem until our neighbours moved in, we will never buy another house with an attached gate.

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Jonbb · 11/05/2018 18:27

The wall is your property and they are obliged to ask permission to attach anything, whether it was there before or not. It is your property so just say no and you can remove it as they have no permission from you. Agree with the previous poster, having gates on walls is a no no. Very noisy which is probably why it was attached to a post previously.

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Racecardriver · 11/05/2018 18:32

If it is c your wall then they ha Ave not rift unless you give it to them. Surreal to solicitor and ask them to write a preaction letter.

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ZibbidooZibbidooZibbidoo · 11/05/2018 18:35

Definitely don’t let This lie. I have my own gate that closes with the bar going into the wall of my house. When it’s windy it rattles like mad and annoys the fuck out of me. It would really irritate me if it wasn’t even my gate!

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