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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Property Law
Satisfied Customers: 10588
Experience:  Barrister 17 years experience
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We own a boundary fence onto a small parcel of land our

Customer Question

We own a boundary fence onto a small parcel of land our neighbour owns. She has access over her other neighbours parcel of land but wants to put a gate & have access through our boundary fence. Can she do this.
Submitted: 3 months ago.
Category: Property Law
Expert:  Buachaill replied 3 months ago.

1. Dear Alex, can you please clarify a few points. Where your neighbour wants to put a gate, who owns the land on either side of where the gate is going to be placed? Is your neighbour proposing to have access over your land when she has access through your boundary fence? Does your neighbour have any rights of easement, such as a right of way, over your land?

Customer: replied 3 months ago.
We sold her the ground floor east wing of our house & half our garden 20years ago but we kept the boundary fence right across the end of both our gardens because we have an easment for ever more for all our heirs & assigns on a parcel of land owned by the EA that runs across the end of both our gardens. The EA is now selling all the parcels of lands they own along this stretch & our neighbour plans on purchasing our plot that we have the easement on. We have created a lovely garden on our parcel of land & also paid for vehicular access as an added easement deeds to district council & EA. She would like vehicle access & to give it to others too onto the parcel of land & then through our boundary fence. Can she do this? When we sold her part of our house we did not pass on any of our rights of easement hence keeping the boundary fence.
Customer: replied 3 months ago.
We have paid over £20,000 for the drive to be surfaced & a blue Lias wall to be built around the parcel of land plus a new stone wharf wall beside the back water as we also have wharfing rights of easement on the Wharfe edge.
Expert:  Buachaill replied 3 months ago.

2. I am sorry, Alex, but you did not answer the questions I have asked. What you have said is totally confusing and makes no sense. It is as clear as mud. If you wish I will OPT OUT and some other Expert can answer your question. Alternatively, if you wish, you can answer the questions I have asked and I will attempt to answer your query.

Customer: replied 3 months ago.
My neighbour owns the land on one side of the boundary fence & she plans on purchasing the land on the other side where we have an easement to use that land that she plans to purchase. She is purchasing it from the freehold owner who is the Enviromental Agency
Customer: replied 3 months ago.
sorry if this seems complicated. It's a very complex case. Thank you for sticking with me. We may get there in the end ��
Expert:  Buachaill replied 3 months ago.

3. Quite simply, if your neighbour owns the land on both sides of the fence, then she is free to do what she wants with it, including putting an access entrance in it, so long as this does not interfere with your exercise of your easement. An easement is only a limited right. It gives no ownership of the property over which the easement obtains. So, you cannot prevent the owner - if your neighbour purchases it - from doing what they want with it, so long as this does not prevent your exercise of your easement. So, your neighbour can put an entranceway in this boundary fence as she now owns the land on both sides of it. In fact, she could take away the fence altogether!