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Buachaill, Barrister
Category: Law
Satisfied Customers: 10974
Experience:  Barrister 17 years experience
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My neighbours were great friends with the family I purchased

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My neighbours were great friends with the family I purchased the house from and they agreed to place a gate in the garden fence to allow easy access to each other gardens. Th efence is about a 4ft high picket style affoding no privacy and the gate is opening into my garden which is a nuisance.
1. Can I place a new fence in my garden if I attach it to my house and place any posts on my side of the boundary?
2. Can I remove the gate latch which is on my side and would stop me placing the fence flush against it and secure it closed?
There is no right of way - just an old agreement for convenience of approximately 4 years between the previous owner.

1. At the outset, as there is no legally enforceable right to an easement which would allow automatic access from one garden to another, you can close up this gate at any time if you want. Accordingly, the answer to your first question is that you can place a new fence in your ownn garden if you place any posts on your side of the boundary. In that way, the fence would then be yours and would no longer be on the boundary. The answer to your second question is that you can remove the gate latch which is on your side and secure it closed if you wish.

2. Essentially, the old agreement for convenience is not legally enforceable as it has not created mutually enforceable rights of access from one garden to another. Each party is free to chose whether they wish to continue this arrangement with the gate if they wish. So, if you no longer want it, you can place a fence on your side or lock up the access.

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Customer: replied 1 year ago.
I can put up a fence but cant afford ill feeling if I want privacy and they don't need it?

4. Yes, You can put up the fence, if you want, if you want privacy.

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