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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25494
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We have been asked by our neighbour who is a farmer if he can

Customer Question

We have been asked by our neighbour who is a farmer if he can fix a new 16 foot gate, which, when open, would park across our verge and fence at the end of our garden. The gate will close off the lane at times and be parked across our verge for the rest of it. We own the verge and land to the middle of the unadopted road.

If we wanted to resell would we be unwise to allow this to happen?
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask what the lane affords access to please? Do you require it for access to your property at all?

Customer:

The lane leads to farmland only and would not restrict access to our propery

Joshua :

Thanks. Can you foresee and practical reasons you may want the gate removed or does it not really bother you on the basis of what you say above?

Customer:

It will be visible, my husband does not feel that it is a problem, but I am concerned that it will encroach on our land permanently for 16 feet along a wire fence and therefore may be a problem with any resale of our house.

Joshua :

Thanks. If you have no practical objection at present, but would like to reserve a right to have it removed in the future, the simple solution would be to have the farmer sign a licence agreement.

Joshua :

A licence agreement is a simple agreement providing him with a licence to erect the gate on the basis that should you change your mind in the future, you can give him x months notice to remove the gate as you agree

Joshua :

A licence prevents the farmer gainin any right to keep the gate there and means you or any future owner could change your mind in the future and require him to remove the same.

Joshua :

An alternative is of coure for you to refuse him permission altogether.

Customer:

Where could we get a licence agreement if we needed to and how much would it cost?

Joshua :

The simplest form of licence can be simply an exchange of letters between you clearly setting out the terms of your agreement stating that you give him a licence to hang is gate in the position agreed providing that may give him x months notice to remove the same. Alternatively a solicitor can prepare a more formal document for you for circa £25-200 + VAT which you could ask the farmer to be responsible for.

Joshua :

Correction £125-200 + VAT. Apologies for the typo

Joshua :

Is there anything above I can clarify for you any further?

Customer:

Thank you very much that is really helpful. Goodbye

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