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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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i have a shared drive , and the people next door have erected

Customer Question

i have a shared drive , and the people next door have erected a five bar gate which opens both inwards onto his land and outwards onto mine. And in doing so damages my hedge .They also leave the gate open for many hours at a time. To prevent further damage to my hedge and having to look through my loung window at the gate , I repace it into the nutral position ,thus making the entrance to their propery somewhat restricted.

If they did this for short period (to enable cars to enter more aesily)and then replaced the gate ,there would be no issue.

any advise woukld be most appreciated.
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer : Hello. Your neighbour is wrong - he has no right to overswing your property unless such a right exists in the deeds, which is highly unlikely. Would it be possible to put in a "stopper" on your side of the legal boundary, preventing the gate from overswinging your land?
wingrovebuyer : This could be a post or spike, protruding upwards against which the gate would rest and be prevented from moving further.
wingrovebuyer : Hello, do you still need help? If nt, can you leave a rating, or JA won't pay me for helping. If you do need further help, please let me know.

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