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.
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?
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We can still exchange emails if anything needs clarification.
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.
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.
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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.