Bit of an issue with neighbour...legal issue?

Bit of an issue with neighbour...legal issue?

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dirty boy

Original Poster:

14,697 posts

209 months

Thursday 30th July 2015
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My neighbour has gone from being the perfect neighbour to a bit of a bellend in quite a short space of time.

In short, i'm the end house on a row of four terraced houses. My immediate neighbour has access "by day or by night" (that's what it says on deeds) and I have no issue with that whatsoever.

Recently, he seems to have taken umbrage with the fact that we lock that gate.

Given we have a shed with bikes and young children in the house and the rear of the house has access to the patio doors, I don't think it's unreasonable to lock that gate. If he exits the back, he can open it in exactly the same manner we have to. I'm not blocking it in any way, but I don't see why I should open myself up to potential unwanted guests.

Today the gate was left open all day (we knew he'd want his bins round) but he's taken a hammer to the gate and flattened the locks and bent the hook which I think is pretty off.

The other week, I caught him kicking it to open it. I rushed round to open it for him and got a verbal tirade "why the f**k is it locked, I need 24 hour access" I simply stated it's security.

Do I have any rights in this situation? Not trying to be a smart arse, just don't think it's safe having my back garden open to all and sundry.

Impasse

15,099 posts

241 months

Thursday 30th July 2015
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Give him a key?

dirty boy

Original Poster:

14,697 posts

209 months

Thursday 30th July 2015
quotequote all
Impasse said:
Give him a key?
This is what i'm thinking. They're only latch locks at the moment, so I assume i'm within my rights to put a proper lock on it and give him say two keys to get in?


anonymous-user

54 months

Thursday 30th July 2015
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you seem unreasonable, a combination lock would sort things.

dirty boy

Original Poster:

14,697 posts

209 months

Thursday 30th July 2015
quotequote all
The Spruce goose said:
you seem unreasonable, a combination lock would sort things.
That only works from one side, no different to putting a bolt across and more difficult for both of us.


barryrs

4,389 posts

223 months

Thursday 30th July 2015
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Agreed, give him a key or get a keypad type lock.

Preventing access would probably be considered interference.

mikees

2,747 posts

172 months

Thursday 30th July 2015
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I understand your feelings totally. But also his. You've bought the wrong house. Is it just a latch or bolt? Surely he and anyone else can open these. If so why bother.

Not sure there is an easy solution.

DocJock

8,357 posts

240 months

Thursday 30th July 2015
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Yes there is. See the post above yours.

anonymous-user

54 months

Thursday 30th July 2015
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dirty boy said:
That only works from one side, no different to putting a bolt across and more difficult for both of us.


get a locksmith to fit, might even chip in smile

dirty boy

Original Poster:

14,697 posts

209 months

Thursday 30th July 2015
quotequote all
mikees said:
I understand your feelings totally. But also his. You've bought the wrong house. Is it just a latch or bolt? Surely he and anyone else can open these. If so why bother.

Not sure there is an easy solution.
Nothing has changed? We bought the house with a gate that is locked from the garden side (6 years ago may I add). We extended the house and have recently put the gate back on and he seems to have decided he doesn't like it being back. He's changed completely since he met a woman and got married and she moved in.

It's a simple garden gate. You lock it from the garden side to stop people wandering into your back garden with a bolt across? Of course he and anyone else can open it - from the garden. It would require climbing over otherwise, which is hopefully a bit of a simple deterrent and security measure. < is that unreasonable?

mikees

2,747 posts

172 months

Thursday 30th July 2015
quotequote all
P
dirty boy said:
mikees said:
I understand your feelings totally. But also his. You've bought the wrong house. Is it just a latch or bolt? Surely he and anyone else can open these. If so why bother.

Not sure there is an easy solution.
Nothing has changed? We bought the house with a gate that is locked from the garden side (6 years ago may I add). We extended the house and have recently put the gate back on and he seems to have decided he doesn't like it being back. He's changed completely since he met a woman and got married and she moved in.

It's a simple garden gate. You lock it from the garden side to stop people wandering into your back garden with a bolt across? Of course he and anyone else can open it - from the garden. It would require climbing over otherwise, which is hopefully a bit of a simple deterrent and security measure. < is that unreasonable?
No it isn't. If it's a bolt then don't see his problem. Unless he's used to just walking past with bags of shopping. Still not the end of the world for him. If it used to be like that then it looks like he now has an issue as you say. Some people are strange.

I'm about to have some of my trees topped to give neighbour more light and we're going halves! Trying to keep a good relationship going. Have you asked him or is he too shouty?

Good luck



dirty boy

Original Poster:

14,697 posts

209 months

Thursday 30th July 2015
quotequote all
mikees said:
P
dirty boy said:
mikees said:
I understand your feelings totally. But also his. You've bought the wrong house. Is it just a latch or bolt? Surely he and anyone else can open these. If so why bother.

Not sure there is an easy solution.
Nothing has changed? We bought the house with a gate that is locked from the garden side (6 years ago may I add). We extended the house and have recently put the gate back on and he seems to have decided he doesn't like it being back. He's changed completely since he met a woman and got married and she moved in.

It's a simple garden gate. You lock it from the garden side to stop people wandering into your back garden with a bolt across? Of course he and anyone else can open it - from the garden. It would require climbing over otherwise, which is hopefully a bit of a simple deterrent and security measure. < is that unreasonable?
No it isn't. If it's a bolt then don't see his problem. Unless he's used to just walking past with bags of shopping. Still not the end of the world for him. If it used to be like that then it looks like he now has an issue as you say. Some people are strange.

I'm about to have some of my trees topped to give neighbour more light and we're going halves! Trying to keep a good relationship going. Have you asked him or is he too shouty?

Good luck
Like I said, he used to be fine. I trimmed his hedge, i've brought his bins round, all sorts. It's a bolt...I really really cannot see his problem, he only used the access for bins..

I get on fine with everyone else, he's just turned into Mr Grumpy over the reintroduction of the gate (which is the same gate that was here when we moved in, just painted a nice colour!)

Spudler

3,985 posts

196 months

Thursday 30th July 2015
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From your brief I'm with grumpy bks.
You're out of order locking the gate. Put a lock on your shed and patio doors.
Lame excuse.
Sounds like you shouldn't have bought the property in the first place.

CoolHands

18,625 posts

195 months

Thursday 30th July 2015
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If he's got right of access you've got no right to lock it IMO.

TheEnd

15,370 posts

188 months

Thursday 30th July 2015
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Take lock off gate, move lock to shed.

Pimms and cucumber sandwiches all round.

Spudler

3,985 posts

196 months

Thursday 30th July 2015
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TheEnd said:
Pimms and cucumber sandwiches all round.
I'm guessing it's not that kind of neighbourhood.






Only kidding OP! biggrin

L4CON

145 posts

105 months

Thursday 30th July 2015
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DocJock said:
Yes there is. See the post above yours.
Unless the neighbour starts kicking the gate down because he forgot the key or the code!

Mr GrimNasty

8,172 posts

170 months

Thursday 30th July 2015
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If it's locked so he can't use it from BOTH directions freely, then you are firmly and legally at fault in obstructing his right of way/use.

If you want to put a lock on it, you must provide him with a key and it must be openable from both sides.

Pheo

3,339 posts

202 months

Thursday 30th July 2015
quotequote all
So, you've not done a good job of managing this by adding the gate back and not telling him.

However if the original house had a gate, and this has been re-instated in the same fashion, he is on a poor footing to kick off. He has access, in exactly the same way as before.

Additionally, presumably the gate belongs to you. No-matter the issue, its not OK to criminally damage someone else property, even if you don't agree with what they've done. This would be a bit like having someone park across your drive, so you take a sledgehammer to it. I'm sure we'd all agree that no-matter as much as we'd like to, thats not OK.

I suggest you ask him to discuss the issue, that you have re-instated as per existing (which you understood was no issue, as it has not been raised as such formally), and that you expect him to re-instate the gate to its original condition. Once this is done, you will be happy to discuss if there are alternative access arrangements such as a combination lock, shared key etc which will meet his need.

I doubt he'd get very far in court with this RE right of access, if you have attempted to build bridges. Presumably the gate also helps to secure the rear of his property as well.

Definitely the first thing to do is to set the expectation that it isn't OK to smash something up because you aren't happy with it, that you expect him to raise the concern in a suitable, non-confrontational fashion.

Stickyfinger

8,429 posts

105 months

Thursday 30th July 2015
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I have shared access and a shared drive, I put gates up with locks.....IF you give him a key you still allow access....you are totally within your rights. ( I checked with a solicitor)

IF he damages anything you can prosecute for criminal damage.

The guy is a NOB