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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience:  I have been practising for 30 years.
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We live down a privately owned cul-de-sac comprising 6

Customer Question

Good Morning.
We live down a privately owned cul-de-sac comprising 6 bungalows.
We've just inserted a gate into our boundary wall but agreed with the neighbour not to use it.
We checked with the planning authorities prior to doing this and they said no permission was needed.
The boundary wall divides our property from our neighbours drive so thats why we agreed that we won't use it.
Now wondering if we are breaking some other law by retaining this gate as our neighbour continues to resent this work being done?
Submitted: 3 months ago.
Category: Law
Expert:  Aston Lawyer replied 3 months ago.


Can I ask why you had the gate installed if you don't plan using it?

I take it that under your Deeds, the boundary wall in which the gate has been installed, is your responsibility?

I look forward to hearing from you.


Customer: replied 3 months ago.
We were going to use it as an emergency gate.The builder had already started before they objection was raised.We had also put our intentions to put in a gate in writing to all our neighbours (as the gate was the last part of an extension plan which as of today, has now been completed). See attachment.On our title deeds are marked with a T' 'indicating as far as we understand that the boundary wall is ours, yes.It is now that our (elderly) neighbours have objected that we agreed not to use it. It is locked with a key.
Expert:  F E Smith replied 3 months ago.

I see that the previous expert has opted out. I will try to help you.

If you want to make the whole of the boundary from gates, you can do. However, having the gate and using it 2 different things.

Even if the gate opened out onto a footpath onto the highway are some of the land, you would need the consent of whoever owns that land to be able to use the access in anything other than an emergency. Even in an emergency, if you use the gate to exit the property and do so over adjoining land, it is still trespass but it would be actionable because you have caused any damage.

If you don’t use this for any other purpose than in an emergency, then the neighbours have no grounds for objection although it doesn’t stop them raising the issue and making the noises which they are doing. They can’t actually do anything about it although they can stop you going on to their land if any work is needed to facilitate the placement of the gate.

They cannot stop you going on to their land and the court would grant you permission if you needed to access their land for any work required to preserve and maintain your property but that does not extend to doing new work or improvements or modifications.

Can I clarify anything for you?

Please rate the service positive. It is an important part of the process by which experts get paid.

We can still exchange emails if anything needs clarification.

Best wishes.


Customer: replied 3 months ago.
We understand the trespass issue and since we have undertaken not to use this as a normal or regular access.We have cleared the planning priocess by ensuring the gate is no higher than the wall and we have made it of a good standard so that it's not an eye sore.So basically now we think this is now just noise from an older neighbour who enjoys 'putting us in our place'.I attach photos of the gate FYI to comeThank you for this.
Expert:  F E Smith replied 3 months ago.

Thank you.

I can’t see the photographs yet. They may be on their way.

I agree with you, I think it’s just noise from the neighbour.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 3 months ago.
Please see attached photo
Customer: replied 3 months ago.
PS: We hung the gate to 'open' inside.
Expert:  F E Smith replied 3 months ago.

That looks a very neat gate.

I have been thinking hard about what the neighbours could do about this legally and in all honesty, they don’t have any cause of action. It’s your wall and you can do with it if you wish.

However what they could do if they wanted to be really awkward and you couldn’t do anything about it would be to build their own were put a fence up immediately on the other side of the gate which would mean that it is useless. It would just open out literally onto the neighbours fence.

There would then be nothing that you could do about that.

When you get a moment, please don’t forget to rate the service so that I get paid for my time. We can still exchange emails.

Customer: replied 3 months ago.
HiI have one more image to send-it's the original plan showing marked boundaries with a 'T' showing that the gate opening has been made into the wall marked on the plan as belonging to us.
Customer: replied 3 months ago.
Turned the image around sorry!It's the boundary marked in red which surrounds our property.The gate abuts the neighbours property in the right hand rear corner of our property as per photo sent yesterday
Expert:  F E Smith replied 3 months ago.

Thank you. It doesn’t affect my answer. You are still at liberty to have this gate and the neighbour is at liberty to obstruct it as I already mentioned.

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