What are the rules/rights regarding gates between houses?

[OD]

Hello EDF's,

I'd like some assistance/direction from those in the know to help me understand the rules and rights of house owners when it comes to the gates that are fixed between them. Here are two scenarios:

1. Between two detached houses there is a gate that has been affixed for more than 15 years (before the current neighbours moved in around 10years ago). The gate is used to enter the left hand (homeowners) building down a private side entrance. The gate hinges are attached to the right hand (neighbours) building. In the last month they are complaining that the gate is vibrating their home. No works have been done on the gate. Outside of trying in-situ solutions, could the neighbour insist on having the gate removed?

2. Between the same two detached houses a wooden gate was put up towards the back of the building to enter the back garden. There was a previous old gate there many years ago. Again the gate hinges are attached to the right hand (neighbours) building. The gate has been in place for almost a year. The homeowner did not ask permission to add the gate, but assumed (wrongly or rightly) that it was a replacement and added some level of general security. Could the neighbour insist on having the gate removed?

I'd like to understand what the rules/regs/usual rights are to these scenarios.

Thanks,

OD

[Jules-and-Boo]

who does the 'private side entrance belong to2?

that;s vital missing information and would hold your answer

[OD]

Hi Jules,

The private side entrance belongs to the houseowner on the left... but the gate is attached to the neighbours building, it is not a shared entrance or access point/path for the neighbours in any way.

Hope that clarifies.

[Seabag]

So your gate hinges off the neighbour's house, essentially?

[OD]

yes indeed!

[Jules-and-Boo]

you can't attach something to someone else's house without their permission.

[AbDabs]

If the gate was fixed to your neighbours house more than 20 years ago you will have acquired a right of easement. Any less then you haven't and they can insist you remove it. But for security reasons you'd think they'd want to keep it as long as you stop the vibration problem. I'd try and do something about that first before worrying too much about the law.

[OD]

Thanks very much AbDabs, a number of solutions are being tried as a first response. I just wanted to know how likely it was that the gate had to be removed.

[yeknomyeknom]

Wouldn't it be easier just to rehang on your own property? Then it's all your business.

[Seabag]

You can have a solid post and a locking gate without a receiver attached to the other property, hung from your side. It'll be a metal gate and post with securing mechanism.

I'd personally try and resolve it by rehanging the hinge side post onto your property. If you want to be resonable and retain security offer the first solution, with the second as back up.

Good luck

[OD]

Thank you Seaabag - rehanging the gate is the first solution we are going to do.