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Original poster

Neighbour wants to put a gate in his fence between our gardens

75 replies

Willow1718 · 02/03/2025 21:51

My neighbour is wanting to put a gate in their fence that separates our driveways. Both driveways are at the rear of the properties and lead straight into our gardens. Is he allowed to do this? He can in effect open this gate, walk onto my drive and into my garden.
The reason he is giving is because the LPG gas company are refusing to take the gas hose under his arch on his driveway in order to refill the gas, as they are now saying it breaches H&S as there is a room above the arch. Even though they’ve done this for over 20 years.
He has told the LPG gas company that they can walk up my drive and use the gate to pull the hose into his garden so they don’t have to go under his arch.
Is this creating a right of way and can I stop this happening? We are about to sell our property and are very concerned this will put buyers off. As much as I sympathise with his situation I don’t want to create a right of way and we won’t be able to close our electric gates in case the gas man needs access!
Is there anything I can do?

OP posts:
NotDarkGothicMama · 02/03/2025 21:52

YANBU. Tell him exactly what you've said here about putting off potential buyers. Ask him to pay for a solicitor of your choice to advise you.

SauvignonBlonk · 02/03/2025 21:52

He’s nuts!

BobbyBiscuits · 02/03/2025 21:54

They can't without your permission and you shouldn't give it. Their issues with the gas firm are not your problem. Unless you wanted to take payment for allowing them access.

haufbiskiy · 02/03/2025 21:55

Say no. It’s horrible for him but he will have to get a new tank in his front garden or change his heating system.

my DP have a similar situation but their tank is in the neighbours garden! The gas company refused to fill it last summer due to its age and so they had to replace it which involved digging up the neighbours garden. It was not a cheap exercise

Kahless · 02/03/2025 21:56

He can put a gate in, but you can put in a fence on your side.

(No diagram ?)

Icanttakethisanymore · 02/03/2025 21:56

Whether he can put a gate in the fence depends on whose fence it is but regardless of whether there is a gate there (or no fence at all) you don’t have to give him or the LPG people permission to use your property to fill his tank. What’s been happening until now? What’s changed? Has the tank just been installed?

RandomMess · 02/03/2025 21:58

What is this arch of his?

NoWordForFluffy · 02/03/2025 22:08

@RandomMess, I imagine it's something like this (though a house with a front garden).

Neighbour wants to put a gate in his fence between our gardens
AyeDeadOn · 02/03/2025 22:11

imo if he owns the fence he can do what he likes with it. You can, however, put up your own fence on the other side that blocks his gate. I'm not a lawyer though.

crumblingschools · 02/03/2025 22:15

I'm assuming there is no right of way currently.

A diagram might help

Worsthousebeststreet · 02/03/2025 22:23

Put your own fence up. Sans gate.

He's a cheeky fucker!

florasl · 02/03/2025 22:25

Permissive easements take 20 years to establish and are only created if you don’t specifically challenge the use. That being said, I wouldn’t agree to the use of the gate, even if he does install one.

florasl · 02/03/2025 22:26

To add, if it is his fence you can’t stop him putting a gate in. I would erect my own fence within my property to prevent the gate access though.

ReadingSoManyThreads · 02/03/2025 22:27

We need a diagram.

Who is responsible for the boundary where the fence currently is?

If it's you, categorically tell him you do not consent to him altering your fence. If it's him, tell him you categorically do not consent to him or his gas company having any access to your drive. If he goes ahead and puts a gate there, then screw a couple of bolts with padlocks onto it so that it cannot be opened.

AdoraBell · 02/03/2025 22:34

I wouldn’t agree this OP and if he owns the fence I would plant pyracantha along the fence.

Unexpecteddrivinginstructor · 02/03/2025 22:36

Could you sell the very end of your garden to him for at least the cost of dividing up the title and the extra conveyancing? It is unlikely to substantially reduce the value of your property (unless your garden is already small) and it sounds like the neighbour has little choice but to pay up, especially if you make it known that you are planning to sell anyway so any arrangements he makes with you would need to be made again with a new neighbour.

VWT5 · 02/03/2025 22:41

No - quite simply he cannot simply choose to creat an access point into your property.

”No, there are no rights of access across someone else’s land” - is what you can say.

(….and what I had to say to a similarly entitled neighbour).

Don’t create a precedent, no need to be apologetic, don’t discuss in detail, just keep it simple.

Tistheseason17 · 02/03/2025 22:42

I would not give consent to use my land. Even the best of intentions can end up bad.

Pallisers · 02/03/2025 22:50

He isn't asking to put a gate in. He is effectively asking you for a permanent right of way over your land. Don't even consider it. especially if you are selling soon.

Fjordland · 02/03/2025 22:51

No he definitely can’t demand access unless there is already a right of way. If not definitely refuse as it will become impossible to stop it once it starts. Also not being able to secure your garden & property will definitely devalue it. A gate so the neighbour has access would be a definite absolute no from me if house hunting. Future owners with children or pets won’t want strangers coming in and possibly leaving gates open. Even if your garden is not fully secure now, a future buyer may wish to do it. This is his problem, not yours. Just tell him it causes your house security issue regarding the gates and he has no right of way.

AthWat · 02/03/2025 23:26

VWT5 · 02/03/2025 22:41

No - quite simply he cannot simply choose to creat an access point into your property.

”No, there are no rights of access across someone else’s land” - is what you can say.

(….and what I had to say to a similarly entitled neighbour).

Don’t create a precedent, no need to be apologetic, don’t discuss in detail, just keep it simple.

He absolutely can put a gate in the fence, if it's his fence. He can't stop the OP blocking it from the other side, and he can't use it to gain entry to the OP's property, but you can build an dividing fence entirely from gates if you want to..

Offleyhoo · 02/03/2025 23:35

Agree with all the pp, definitely don't agree to this and he can take it up with the new owners if he wants to.

Hdjdb42 · 02/03/2025 23:39

I wouldn't agree to the use.of a gate as it will open up a right of way issue. It's going to.put buyers off. Tell him you can't have that happen.

Devianinc · 02/03/2025 23:53

AthWat · 02/03/2025 23:26

He absolutely can put a gate in the fence, if it's his fence. He can't stop the OP blocking it from the other side, and he can't use it to gain entry to the OP's property, but you can build an dividing fence entirely from gates if you want to..

Show quote history

With a lock and beware of dog poster. No, he can’t boss his way onto your property.

AthWat · 03/03/2025 00:01

Devianinc · 02/03/2025 23:53

With a lock and beware of dog poster. No, he can’t boss his way onto your property.

Show quote history

I am not sure I understand your post.

As I say, you can't stop anyone putting a gate in a fence they own. You can't put a lock, or a poster on their fence (or if you do, they can remove it). However they have no right to come through the gate.
What you can do, if you have to, is put your own fence, or other obstacle, on your land so the gate is unusable.

It's important the OP understands this distinction if the neighbour says they have a right to put the gate there. They do, if they own the fence. They could take the fence down entirely and leave a foot high fence, so there was no need for a gate at all. If they do that and the OP wants a fence, they can erect a new one entirely on their side of the boundary. It's not about the gate, its about access.