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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:
TheSilentSister · 03/03/2025 00:05

Be careful what you put on the forms when you are selling the house. They usually ask about any disputes, rights of access. Although it doesn't seem it's reached this level now - it needs to be nipped in the bud pretty pronto.
Are they aware that you are thinking of moving?

AthWat · 03/03/2025 00:09

crumblingschools · 02/03/2025 22:15

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

A diagram might help

It doesnt really need a diagram.....they said "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".

If there is no existing right of way, he clearly has no right to tell them this, regardless of the layout. Not so much the "use the gate" part, the "walk up my drive" part.

mathanxiety · 03/03/2025 02:50

Yes, I think this would create a right of way.

He needs to talk to the gas company again. His gate idea is not on.

mathanxiety · 03/03/2025 02:52

Or rather, his access idea is not on.

WearyAuldWumman · 03/03/2025 02:59

My husband (prior to our marriage) moved into a house where the previous owners had by mutual agreement with the neighbours put in a gate in the fence between the gardens.

The neighbours checked that he was okay with it and my husband was. However, after they moved out, subsequent neighbours blocked it up. (Again, that wasn't a problem for my husband.)

Your neighbour is delusional, OP. He can't put in a gate without your permission.

Original poster
Willow1718 · 03/03/2025 22:06

The first picture is showing his arch and the arrow is going onto my drive on the right. The second picture shows the fence and where he wants the gate to be.

reading all your comments you’ve reassured me that I’m not being unreasonable and will definitely have to say no, as hard as it will be as they have been lovely neighbours up to now.

Neighbour wants to put a gate in his fence between our gardens
Neighbour wants to put a gate in his fence between our gardens
OP posts:
LIZS · 03/03/2025 22:16

Are both garages and the drive yours? Has his house been extended to create the arch?

crumblingschools · 03/03/2025 22:21

Where does the shared drive stop?

CatherineDurrant · 03/03/2025 22:33

Hard no from me.
I'd tell him if he puts a gate in the fence, you will simply put a fence in front of it to render it pointless. Hopefully it would stop him taking this approach.

I would also be very firm and get your solicitor to reiterate this: you do not consent to his presence on your property or consent to anyone accessing his property through yours.

RandomMess · 03/03/2025 22:47

I would consider a small "flap" in the fence for the hose provided they pay full solicitors costs to explore the potential risks of allowing this access and that it doesn't pass to new neighbours automatically and perhaps an annual access charge.

So the supplier would have to walk up your driveway and then position the hose through the (locked) access flap then up through their own driveway to pull the hose through to finish the task.

It sounds like a complete nightmare for them in that they need to rebuild the arch and room narrower to regain access to the back.

Only other alternative is you sell them a walkway width piece of your drive that ends just beyond their archway.

Original poster
Willow1718 · 04/03/2025 06:54

Yes both garages are ours. His house was built like that 30 odd years ago. There are about 5 similar houses like that in our cul de sac built the same but luckily for them, they have access on the other side of their houses where they have all had to put side gates in. His is the only one that doesn’t have another side entrance and only access to his garden is through the arch.

OP posts:
allthemiddlechildrenoftheworld · 04/03/2025 07:37

@Willow1718 if he has a driveway of his own then why does he need to use your for access???

allthemiddlechildrenoftheworld · 04/03/2025 07:41

@Willow1718 can you aeriel draw where his garden is/ is there no access from the back? if you allow this then you have the problem of getting out your garage when the tanker is there and also the risk of your cars being scratched does he not have a garage then?

crumblingschools · 04/03/2025 07:59

@allthemiddlechildrenoftheworld looks like a garage through the arch. Issue is that the supplier is no longer willing to put the hose through the arch as there is a room above it.

SparklyGlitterballs · 04/03/2025 08:10

Where is the electric gate? I assume it's not attached to his property wall in any way?

TizerorFizz · 04/03/2025 08:11

@Willow1718 Is the house wholly dependent on LPG? Or is it just for cooking? Has he contacted other suppliers? Could he move the LPG tank? Do you all have LPG?

It would be neighbourly to help but don’t agree to a gate. Talk about any other solutions first. He is obviously been put in a difficult situation through no fault of his own. We went full electric and away from oil due to delivery issues so it’s very difficult for him to know what to do and any solution in his house is a major expense.

gingercat02 · 04/03/2025 08:32

Can he not have some sort of hatch put in the fence that would allow access for the hose but not a person.

If they are good neighbours using your drive for an occasional delivery shouldn't set a precedent?
Presumably you could get something drawn up legally if you really wanted.
Where is your house in relation to your garages OP?

MinnieGirl · 04/03/2025 08:46

Now I've seen the pictures it makes sense!

Absolutely no to a gate in the fence. It would allow continuous access and sets a precedent. Also, it might put people off if you wanted to sell.

But... as you say they have been good neighbours you might want to be helpful... . Could they just put the hose over the fence? Or as others have said a small flap in the bottom of the fence...
The gas tanker obviously parks on the start of the drive, which I'm assuming is the shared bit for you both. So it would not be possible to get on and off your drive with it there? So if you put your cars in the garage the tanker could pull up further and stretch their hose over the fence.

I would also want a written undertaking to make good any damage.

How often will these deliveries be? If it's twice a year then I might be a bit more agreeable but once a month I would hate it.

Your neighbour does need to be asking the gas company what the alternative is. If they have been delivering for 20 years it seems a bit daft to suddenly stop. What if they couldn't access your drive? Go and have a chat and see what you can come up with.

eurochick · 04/03/2025 08:46

What has the neighbour done to try to resolve this without making it your problem? Has he checked the regulations the delivery company is referring to? If it is just company policy can he use a different supplier? If it is a governmental regulation, can anything be done to comply. For example, if the house is empty of people is it permissible for the arch to used? Can he switch to canisters for his gas supply? Or oil? Or a heat pump? The neighbour needs to find a solution that doesn't make this your problem.

Jimmyneutronsforehead · 04/03/2025 08:49

Would be a hard no from me, but who owns the fence line?

MinnieGirl · 04/03/2025 08:50

Sorry I just read you are about to sell your property.
In that case I would say no to the gate in the fence absolutely.
And as others have said, he needs to find ways to resolve this without involving you.

Hdjdb42 · 04/03/2025 08:52

If you're selling your property then you're creating a right of way that needs to be declared before signing contracts. I would not buy your house if that were the case.

Nanny1983 · 04/03/2025 08:56

No way would I be agreeing to this and even more so coz you’re gonna be selling your property and coz it’s almost an expectation that you won’t mind this .
Once you allow it once it will be a given that it’s happening .
He can ask the next owners .

BlumminFreezin · 04/03/2025 09:00

If they're lovely neighbours, can't you informally say it's fine for the gas company to go up your drive until you sell - can't they just pass this hose over the fence so no gate/no right of way confusions?

Or are such hoses two foot wide and weigh a tonne and not possible to pass over? (I honestly have no idea).

BellaTheDarkOverlord · 04/03/2025 09:00

Let him have his gate. Then put a 30 foot deep moat around your garden perimeter so he steps straight into it. Add crocodiles or scorpions if you like 😁