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Ask ivorylounge Your Own Question
Category: Property Law
Satisfied Customers: 33980
Experience:  Barrister at Self Employed Barrister
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I have a dispute over a boundary to the front of my property. I

Customer Question

I have a dispute over a boundary to the front of my property.
I own a house and years ago erected a fence on the right side. There is a footpath which is next to my fence. I thought this was for two flats belonging to a housing association.
Last year, the local council approached me stating they still own the footpath. But half should belong to me and the other to the housing association. They asked if I was interested in the half which I agreed. Everything went through and a deed was created for my half of the footpath.
On the footpath at the front is a small gate which is hung to a wooden post linked to my fence. The gate belongs to the housing association. I am not happy because every time its open it hits my fence. I asked politely to the housing association for the gate to be open on their side of the footpath which they disagreed. They said the wooden post linked to my fence is in independent despite this is on my half of the footpath.
Is there anything legally I can do for the housing association to have their gate open on their side? Also can I remove the gate as it is on my half of the footpath?
Submitted: 2 years ago.
Category: Property Law
Customer: replied 2 years ago.
I enclosed the plan of the area and a picture which will give a idea of my concern.
Expert:  ivorylounge replied 2 years ago.
I see. Thank you for this. Is there are reason as to why you do not just fix a fence to your part of the footpath?