Access across neighbours land

[user1483782091]

Bit of a long story, my first post. Not sure if my neighbour is on here or not but I guess irrelevant. We’ve been in our house 5 years and the situation for all that time has been that we need to open and close 2 gates to get into our property, with access over the neighbours drive. Basically I drive up to their gate off the main road, open it, get back in the car, drive through, close it, walk to my gate, open it, drive through then close my gate. A nuisance but we knew it would be a pest when we bought the house. They had a little dog at the time but it was hardly ever out. Then 3 years ago they got a big woofy hound that they leave out so we invariably have to wait for them to catch the dog and put it in before we can get in or out. We can never leave either gate open, even if we’re just popping out for 5 mins in case they let their dogs out and they would either get on to the road or into our garden (we have 2 dogs). There are 2 other properties who have the same access over their drive and the same issues with the gates and dogs. The gates were never there, my neighbour installed them when their son was little with the permission of the people who had access but it was supposed to be a temporary measure. Then they got the dogs and the disputes started (before our time). They are now selling their house and we asked if they could please tell any prospective buyers that the gates would be going as they were such a nuisance for everyone and they were only ever supposed to be temporary. She agreed but is desperate to sell so basically hasn’t really mentioned it to viewers and now they have buyers who want to keep the gates as they have a dog. We, and the other neighbours found out and have written to the current neighbours and the estate agent so it’s now a dispute. She thinks we’re totally out of order and ‘shits’ for potentially jeopardizing her sale. But she’s broken promises and lied. She seems totally oblivious of the constant nuisance that they cause all the neighbours. But I don’t want to jeopardize their move I just think the gates should be gone.
What a long boring post! But she and her husband have just knocked on the door and think we’re the worst people in the world. Are we?

In my head I can picture a solution but I think I am going to need a diagram. Sorry!

YANBU. The end.

I wouldn't say you were the worst people in the world but you are out of order. You knew about this. The gates could be seen as amenitiy and very much part of the property. Why is this such a problem now when you knowingly bought the home like this but now it's an issue? I don't get it

Maybe it's a problem now because as op said it was supposed to be a temporary arrangement and now it's being turned into a permanent one without any discussion.

Bit complicated to draw but tried my best

Can you get planning permission to put a gate into your property directly from the main road? Completely agree that this must be a pain in the backside. Did the neighbours get planning permission to install the gates - given you have right of access did they not need that?

It was the other neighbours who approached us and said we need to get rid of the gates when they move. We said originally that we couldn’t dictate that as they had been there when we bought the house but we said they were an absolute nuisance because of the dogs being out. It isn’t free and encumbered access. So the other neighbours started the dispute, we just agreed with them

So their gates block your access, but you knew this when you bought?

is the neighbour's garden area designated on map the garden that belongs to the Mad Dogs?? Cos if they want the dogs out then could enclose that space and then the drive way would be clear.

No not possible to access the back any other way 😟

They've tried to make themselves a private garden area when really it's an access area but the land is owned by them - is that right? Is it a new build arrangement- can't quite work out how it came to be like that or how they got planning permission to build the houses that way!

I don't think that you were out of order. They are not being honest and just passing the problem over to the new potential owner.
I'd not be happy having to rely on neighbours shutting gates to keep my pets safe

Yes absolutely they could put their dogs in their garden, not in the access driveway. Sorry I don’t know how to reply directly to someone’s comment

They are BU, well done for filing the dispute.

Although I'm a bit that you bought the house knowing this situation, was it a good deal?

No you're not. You did the right thing. What a pita it would be every day to wait til someone shifts their dog so you can get to your house.

The mad dogs look like cats :)

YANBU their gate was supposed to be temporary and it causes everyone issues.

They’re all very old houses cobbled together in a bit of a higgledepiggledy way. The other neighbours originally said they could put the gates in 10 years ago. But they never took them away because they then had the dogs. We wouldn’t be objecting if they would put their dogs in their garden. Fact is it’s a nuisance because they’re in the access area

Not sure you have an obligation to close the gates. That statement might discourage them from letting dogs roam. Whether you would follow through is a different matter.

Can the fence be moved so it creates a secure area of garden for them and leaves the access road unfenced/ungated?

well there's the solution... they have private garden but it's across the drive so they must do that and not be so damned cheeky about trying to steal more space and inconvenience folks.

Perhaps the gate needs to go missing...

YADefinitelyNBU!
What a pain in the arse. The gates need to go

Good that you raised the dispute. That would be such a pain to open and close each time you go out or come home.

Start leaving the gate open when leaving and coming back, you are under no obligation to close it.

@Leaannb

I wouldn't say you were the worst people in the world but you are out of order. You knew about this. The gates could be seen as amenitiy and very much part of the property. Why is this such a problem now when you knowingly bought the home like this but now it's an issue? I don't get it

I assume when OP bought the house, getting out to open and close gates was a bit of pain, but ok. But since their neighbours have got dogs, it means OP can't just come and go as she pleases because the dog may get either onto the road or into her garden, so she has to wait every single time for the owner to catch their dog before she can come or go.

I don't think the neighbour is reasonable at all here, and that's not the scenario under which the OP bought the house.