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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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Hi there, am I allowed to build a small fence with a gate across

Resolved Question:

Hi there, am I allowed to build a small fence with a gate across a narrow shared access lane at the back of my house? The lane separates my house and my garden and is not anything to do with council.
Submitted: 2 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 2 years ago.
wingrovebuyer : Hello. You need to check the exact terms of the rights the neighbours have, but if their access won't be impeded and they have all agreed, I cannot see that you will have by problems. However, please ensure you get the neighbours' consent in writing. Best, WB
Customer:

We was told when we moved in 8 years ago that the lane outside each property is owned by the owner of the house but it does involve shared access for numbers 1 to 8 only. Beyond the lane is my big garden which the land registry shows I own. I have written letters to all affected neighbours allowing them permission to use the gate which will be unlocked at all times. All have agreed but one neighbour 4 doors up is being nasty about it and telling me he is going to rip it down. I don't see what the problem is as the lane is not used for cars or anything as it's too narrow this set up was only for the coal being delivered to bunkers years and years ago which is no longer in use. I am not restricting any access to anyone. I want to put the fence there as I now have a child and he is always escaping down the lane onto the road, a few years ago a 5 year old got killed by doing the same thing and I'm on pins, my child can't play in our own garden as I'm worried. Will the neighbour be able to make me take it down?

Customer:

The lane is a dead end from number 9 onwards, and number 8 and 9 have blocked theirs off with access so I don't see why he's rejecting our proposal

wingrovebuyer : If he rips it down, that's criminal damage. Provided his access is not obstructed (ie the gate is unlocked) his rights are not affected so he can't stop you, legally speaking. WB
Customer:

Do you think I should get a solicitors letter to give him to say we are legally allowed to do this and would it cost a lot. The builder is keen to get to work on the fence but I am worried it will get ripped down and our money would be wasted. Thank you for all your help too :-)

Customer:

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wingrovebuyer : It might be a good idea, and would cost around £150. They should also check the deeds to ensure my assumptions are right. In the letter,they should say that his rights will not be materially impeded, and that if he removes the fence it will amount to criminal damage. Hope this works out for you! Please don't forget to leave a rating ;-)
Customer:

Thank you :-)

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