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Joshua, Lawyer
Category: Law
Satisfied Customers: 25426
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My neighbor is moving. We live in detached bunglows. We agreed

Resolved Question:

my neighbor is moving. We live in detached bunglows. We agreed she could hand a 6ft. gate on our all but request should she move she remove it.
She denies any knowledge and if have a young family move in the gate is going to bang on the wall.
Suggestion!! welcome
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask if your wall is built right up to the boundary of your property or is it within the boundary of your property so that there is a gap (however small) between your wall and the edge of your boundary please?
How long ago was the gate hung?
Customer: replied 2 years ago.

Gate is attached to my chimney stack..

probably a just under 5 years

Expert:  Joshua replied 2 years ago.
Many thanks. May I ask if the chimney stack wall is built right up to the boundary of your property or is it within the boundary of your property so that there is a gap (however small) between your wall and the edge of your boundary please?
Customer: replied 2 years ago.

chimney is on boundary..

Customer: replied 2 years ago.

No gaps on the boundary. exactly.

Expert:  Joshua replied 2 years ago.
Many thanks for the above. The is a piece of legislation called the Party Wall Act. This legislation provides that where a property wall (including where tis is a chimney stack) forms the boundary of ones property itself - i.e the bricks are built on the boundary line - a neighbouring owner can attach items to the wall so far as it does not require major cutting into the wall. Therefore, an adjoining owner can attach things such as hanging baskets, washing lines, gates and so on to a property owners wall providing they take care to cause no damage other than what is necessary in order to attach the item to the wall without the owners permission.More substantive attachments such as lean to conservatories and so on would require your consent consent and the serving of a party wall notice but a gate can be attached without your consent under the provisions of the Party Wall Act if the wall forms the boundary of his property.However if the gate bangs against your property this would amount to a statutory nuisance and you can require that this nuisance is abated for example by the installation of a stopper installed into the ground to catch the gate before it hits the wall or some other solution to prevent the nuisance. If she fails to do so you could threaten to raise a formal dispute with her which would then have to be declared to her agent and buyer which she will normally be keen to avoid as this can prejudice her sale. You could also use this threat to require her to remove the gate notwitthstanding her potential above rights to maintain the gate there under the Party Wall Act. You are afterall free to dispute anything you wish legally entitled or not. When a person sells it is often a very good time to talk to neighbours about things you want done for this reason.If there is any gap between your chimney stack wall and the boundary then none of the above rights exist and you can require the gate is reoved under any circumstances.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua and other Law Specialists are ready to help you
Expert:  Joshua replied 2 years ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Customer: replied 2 years ago.

Were all sorted thanks..

i'll have a word with the new owner and get a stop put in to prevent the noise which I hope will resolve the situation..

thank you.

enjoy the bank holiday ..

Expert:  Joshua replied 2 years ago.
I'm glad the above was of assistance and that you appear to have found a resolution for the issue. If I can assist any further please do not hesitate to contact me.

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