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Jo C.
Jo C., Barrister
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The support for a neighbours gate is mounted on the outside

Resolved Question:

The support for a neighbours gate is mounted on the outside wall of my house. This gate has been there a number of years, well before I purchased the property. The gate, which is metal and approximately 2.5 metres high and 3 metres wide, is very noisy when opened and closed. I have requested that the owner takes measure to make the gate quieter, but he has done nothing. What are my rights regarding getting him to do noise reduction and, if that fails, can I ask for the gate supports to be removed from my property.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Does this lead to excessive noise?
Customer: replied 3 years ago.

We believe there is excessive noise. There is a loud vibrating clang when the gate hits a wall at the end of its travel when opening and when it hits the metal stop bar when closing.

Expert:  Jo C. replied 3 years ago.
Thank you.

It is unlikely that you can make him remove the gate and almost certainly not if it has been there for 20 years or more I'm afraid.

If this is a noise nuisance then you have a claim against him in private nuisance and you can make him quieten it down by whatever means is necessary.

How he does that is his problem not yours.

Ultimately, if he will not deal with this or if his noise reducing efforts do not work, the court can order him to remove it or can order him to quieten it down for which removal may actually be the only remedy.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Thank you for your answer. It confirmed what I thought would be the case.


Regards

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.

Jo C., Barrister
Category: Law
Satisfied Customers: 69780
Experience: Over 5 years in practice
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