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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
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Experience:  Over 20 years experience
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I recently had half a footpath transferred to my property.

Resolved Question:

I recently had half a footpath transferred to my property. I thought this footpath belong to 2 flats next door and had a small fence put up to separate. The council offered half of this path which I accepted and is registered with Land Registry. The other half went to a housing association which owns the 2 flats next door.
To illustrate, my property is left and next door right. To the right of my property is a short fence and next to this the path which I owned half of.
At the end of the path is a short gate which is attached to a wooden post to my fence. I am not too happy because whenever its open it hits the fence. I approached the housing association politely requesting for them to have their gate open on their side. They responded saying they will not do this and the wooden post which is on my half of the path is independent.
My question is can I tell the housing association to change the gate so it opens on their side. Also can I remove the gate from my side? I would like where I stand legally because boundary issues are never straightforward.
Submitted: 1 year ago.
Category: Property Law
Expert:  Nicola-mod replied 1 year 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 1 year ago.

Yes happy to wait. If my question is not answered by the end of Monday, then I will decide to cancel this question.

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Thomas Judge replied 1 year ago.
Why did they suggest that the post is independent?
Customer: replied 1 year ago.

I'm not sure why they think the wooden post is independent. I asked the Housing Association to prove this which they yet to deliver. They sent their surveyor to look at the gate and that person thinks the post is independent and they don't need to change this.

I don't think the Housing Association understand where the boundary is because they asked me if the boundary is where my fence is or within. I told them the boundary line is halfway of the footpath to my fence.

My thoughts are as I own half the footpath including my fence, I have some right for the gate to be changed to the other side because it damages my property. My question is whether I can force the Housing Association to do this and do I have any right to remove the gate from the wooden post?

Expert:  Thomas Judge replied 1 year ago.
If the wooden post is on your land then you are simply entitled to remove it. I would advise that HA that this is your intention - it is a technical trespass. Happy to discuss. Please rate positive.
Thomas Judge, Lawyer
Category: Property Law
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Experience: Over 20 years experience
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