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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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I have a issue with a neighbour over a farm gate we put in

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I have a issue with a neighbour over a farm gate we put in between our two properties which enabled us to help her out. She is now saying that the gate and posts are hers having been given to her by us even though the gate is on my property. I am now selling up and want to remove the gate but she is causing problems with the estate agent because she wants to keep the access into my fields of which she also has no rights of access. What is the legal position and my way forward please?
Hello. When was the gate installed please, and was there any written agreement as to this? Thanks, WB.
Customer: replied 2 years ago.

The gate was put in in 2009 to enable us to get machines in to help her - also she allowed temporary grazing for my horses in return - we put in other gates and posts in her fields which we did give her but not the one situated on our property. There is NO written agreement regarding it whatsoever. There was a small iron garden gate in that hedge line when we bought the property but it was further back into her hedge and overgrown and was not big enough to get tractors in but no gate shows on the deeds. Furthermore, the post for the small iron gate is still in situ as we couldn't remove it and we moved our fence further into our field. Also I do not believe she has an right of access into my property.

Thank you. Well, from what you've told me, I'd say you're right. The gate was paid for and installed by you, on your land. It is therefore your property. You did not give your neighbour any legal rights by deed, nor could any have arisen by presumption over time as that would take 20 years. Accordingly, you have every right to remove the gate and reinstate the fence / wall. I suggest you simply go ahead and do this, from your land. I seriously doubt your neighbour will take any action to stop you. The only downside is that you will have to disclose the dispute to any prospective buyers, but it seems you would have to do that anyway, and if you have done the work and had no further complaints or action, you can tell buyers it is resolved. Best wishes, WB
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Customer: replied 2 years ago.

Thank you very much