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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We have a back gate to our property which runs along a fenced

Customer Question

We have a back gate to our property which runs along a fenced passage to the side of our house. The fence belongs to our neighbour. It has become increasingly difficult to open and shut our gate over the past 3-4 years as the foliage that the neighbour grows up against their fence is pulling the fence towards their garden.
The fence panels are coming away from the ground and sticking into our side passage, but the main problem is that we can no longer use the gate. My husband has attached wood to their post to close the gap between the fence post and the gate several times, and we have used bigger padlocks over the months in order to shut the gate and make our property secure, but it is nigh on impossible to open and lock now.
We spoke to our neighbours about this last year, and they said they would replace the fence at the end of the season, but they didn't.
We have spoken to them again this year and again they said they would do it. We have some building works to our property planned to start early October, and they said that they would replace their fence then, to tie in with the builders using the gate and the side passage. They now say that they can't afford it and will not replace it after all.
I have 2 questions really. Firstly, can we require them legally to replace at least the fence post, as we are not able to use our gate. We could open it, but would not be able to close it again, so could not make our property safe.
Secondly, if they do not replace their fence and it is damaged by our builders attempting to use the side passage which is particularly narrow as the bottom of the fence panels slant onto our boundary, where do we stand then?
We live in the CM23 area.
Many thanks,
Paula
Submitted: 2 years ago.
Category: Property Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.
Hi Nicola,
Yes that's fine, I am happy to wait and hope that you are able to find someone who can help.
Thank you,
Paula
Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Who owns the physical gate please?
Alex
Customer: replied 2 years ago.
Hi Alex,
Thanks for helping us with this.
We own the gate and it attaches to our property. Half of the lock mechanism for the gate to shut/lock into is attached to the fence that belongs to them.
Paula
Expert:  Ash replied 2 years ago.
And it is the part of their fence that is falling into disrepair?
Customer: replied 2 years ago.
Yes. They have foliage on their side that has pulled the fence post away from our side into theirs, so that the lock mechanism no longer reaches the fence post adequately.
Then the adjoining fence panels (still their fence - the whole run of the fence is theirs) are being pulled towards their property which has tugged the bottom of the fence panels up, and they jut onto our property by about a foot.
If it would help, I can send you a photo - I don't know whether that's possible through this site?
Expert:  Ash replied 2 years ago.
That's ok I get the idea. What damage is it causing to your items?
Customer: replied 2 years ago.
It's not causing any damage to us. It's just unsightly and annoying as it makes our passageway so narrow. We are unable to use the gate though - my husband can open it and shut it with huge difficulty and brute force, but the children and myself can't use it at all. That's my main gripe, really, having to take bikes and garden waste etc through the house because we can't use the side gate.
Expert:  Ash replied 2 years ago.
You potentially have a cause of action in nuisance. That is the growth is causing you problems. You would need to write and set out your position saying you will seek a court order if they do not remedy situation. If they fail to do so then you can either issue proceedings or get a solicitor to write a further letter first. I might perhaps suggest a solicitor letter as this may be a cheap way of resolving the matter.
If they fail to remedy then you can issue proceedings. You would need to complete form n208
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you Alex. That's very helpful.

And what about if anybody on our property was injured by their fence - tripping over part of the fence jutting onto our property. Who would be liable?

Thankyou.
Expert:  Ash replied 2 years ago.
They would be liable.

Alex
Customer: replied 2 years ago.
Hi Alex,

I have rated your service again, as excellent, I don't know why it seems I have not rated you - sorry!

I have clicked on the 'excellent service' in response to pretty much all the emails you have sent me, so I'm afraid I don't know what else to do.

Thank you again for your help.
Expert:  Ash replied 2 years ago.
Thank you. But I think the emails are system generated, I have no control!

Alex

Customer: replied 2 years ago.
Ha ha - that explains it - I've had an email every hour on the hour for the last 18 hours, asking me to rate you, which I've done about 15 times!! Never mind, you have been most helpful. Thankyou.
Expert:  Ash replied 2 years ago.
Thanks

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