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

[Willow1718]

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?

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.

This would have annoyed me. He should have discussed options with the company, then with you and then got back to the company following your discussion.
He had no right to give someone permission to access your property.

I would say, I'm really sorry about your problem but even if you put a gate there I can't allow the company who deliver your gas access via my drive. If you put a gate in I will put a lock on my side.

I wouldn't allow a gate, especially as you're wanting to sell. I'd be put off from buying if I knew the neighbour could just wander onto my land.
It looks as if you have a lovely view from your garden!

My parents had something similar to this years ago, a gate in their fence that required someone elses driveway to access. It did cause some issues on selling. I can't remember what the resolution was.

You need to find out which bit of the driveway is actually yours first. Normally I would expect some line in the paving to identify who owns what, but I cant see that in your photos. It could be that the entire drive area is shared and if that is the case you can't really stop him and your electric gates have been put up inappropriately to restrict access to an area that is in fact shared (?) and maybe similarly for his fence.

Probably need to check your deeds to make 100% sure what is yours first. It may be that the so labelled "CF" neighbour has actually done this and found he has access rights over the entire area.

"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."
He is in no position to offer access to your drive! And to have done so without your express permission?

I'd be pointing out that if he does put a gate in his fence, I'd be installing my own fence on my driveway to block his access to my property / ensure my property's security / prevent the creation of a right of way, so he'd be wasting his time doing so.

The problem with his gas supplier is HIS problem and he doesn't get to make it YOURS. He needs to go back to the drawing board and find another supplier / another solution.

You say 'The answer is no until I have had legal advice'.
No no no no no.

Write to the LPG company if necessary.

Spot on regarding checking first. It depends on the circumstances. The reference to an arch and overall description implies some form of terraced arrangement which often had rights of way or easements to allow bins to be moved from the back of the house to the road at the side. Sometimes, the houses have been found not to 'own' the garden to the rear of their own property, rather a garden for an entirely different house. Makes for issues during searches and conveyancing.

That's a flimsy looking wooden pergola type structure. Surely it would be easier for him to just adapt that than start trying to put a gate in your wrought iron fence??

Do they currently have to use your driveway to get access to the tank? Is there any official right of access over your property?

No way would I be allowing that.

I'd suggest he finds another supplier TBH. My parents got up the other morning to find their tank had been filled despite the side access to the garden being completely locked. The delivery guy had just used ladders and climbed over the 7 foot fence!

Absolutely refuse this.

"A gate like this and arrangement for access like this would be taken as a step to creating a right of way over our land which we do not consent to, and will not agree. Any opening you create in the fence will be barricaded from our side because we insist on the right to the integrity of our property. Agreeing to your idea woud reduce the value of our property. This is not a reasonable thing to ask."

It’s a shame that in today’s world, everything has to be so formalised, not to mention the overbearing Health & Safety culture that has caused this problem. You’d think a signed disclaimer / pledge that the room above must be / will be empty when deliveries are made would suffice.

That's a flimsy looking wooden pergola type structure. Surely it would be easier for him to just adapt that than start trying to put a gate in your wrought iron fence??

The arch in question is where the car is parked...they won't go under it due to the room above. The arrow is pointing to op's drive.

Well... yes... that would be rather more obvious wouldn't it!

What a wally! That makes so much more sense now (I'm ill right now - that's my only excuse for being such a numpty!)

They will have to move the gas storage tank to the front of the property. They were looking at the easiest (for them) and cheapest solution with no regard for you & your property. It would probably be worth them looking into oil central heating or another alternative. I doubt an oil delivery would think twice about a hose going through that arch.

So definitely say no. If they start getting shirty you can then put high lockable gates across the drive where the fence starts. A visible no to access.

A gate is no different from no fence. if you buy a property where the neighbour owns the fence, they can remove that fence at any time and replace it with a bit of string six inches off the ground (unless there are specific covenants in place regarding fencing). Would you be put off by the prospect of them doing that?

The absence of a fence does not in any way allow people to "just wander onto your land". In any case, your remedy is simple - build your own fence, on your land.

A gate is different from a fence though! It means access to your land! I would not want to allow access to anyone to my land via a gate. It will set a president.

Can the LPG be delivered in a smaller vehicle that can be driven in under the arch? When oil is delivered round here, they often have to use smaller vehicles because of access issues.

No, it doesn't. It means the person who owns a fence has put a gate there. You can't stop them.

Your remedy, either in the case of a gate in the fence, or a gap in the fence, is your own fence. There's no difference between the two.

If you want to ensure that your land is securely fenced your only option, in almost all cases, is to build a fence you own on your own land.

Absolutely not ! You will be creating a custom and practice use / right of way which will be a nightmare when you come to sell. Afraid your neighbour needs to find an alternative solution.

They could bury a tank in their front garden.

Forgetting the principle of him being cheeky by mentioning this and not asking your permission is your concern just that it will put potential buyers off?

A bigger concern is that you in anyway create conflict (even getting legal advice about it) as you will need to declare this when selling and that will put buyers off way more.

If it is his fence he can put a gate in but he cannot come onto your property so he doesn't need a gate. It's bizarre how people think of ways to solve their problems by creating a problem for someone else.

I think he should change suppliers in the first instance. In my experience of LPG deliveries they moan every now and then that the tank isn't in the right place or there isn't enough space around it but they deliver it anyway.

I'd let him but he'd be charged an annual ground rent for the right to use my garden.

If you were staying and on good terms, you could agree to the gate but only if you could padlock it on your side, and you'd just unlock it the day they had a fuel delivery. But worth checking with a solicitor in case even that might create a right of some sort.
If he puts the gate in and you don't want one, I suppose you could erect a fence across it on your side of the gate. Again, check the deeds, and if necessary, check with a solicitor.

There are some sort-of-recent regs about fuel delivery, like they need line of sight from the tanker to the tank for oil.