O/T Neighbour dispute advice

Discussion in 'Bulletin Board' started by pontyender, Nov 10, 2021.

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  1. pon

    pontyender Well-Known Member

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    The mother-in-law's fallen out with the neighbour and in a tit for tat move he's demanding a gate is taken down which is fastened to one of his fence posts.This is something which was agreed with the previous householder 10 years ago. This guy moved in 5 years ago and has never said anything about it until now. Can he do this?
     
    pontyender, Nov 10, 2021
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  2. thetykester

    thetykester Well-Known Member

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    Why did they fall out? I would start there & see if they can work it out.
     
    thetykester, Nov 10, 2021
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  3. man

    mansfield_red Well-Known Member

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    Nope. It was agreed with his predecessor in title so he will be estopped from demanding its removal, and even if it had been installed without consent the limitation period for taking action (6 years) would have expired anyway. Tell him to swivel.
     
    mansfield_red, Nov 10, 2021
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  4. thetykester

    thetykester Well-Known Member

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    Yeah, that'll help :rolleyes:
     
    thetykester, Nov 10, 2021
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  5. man

    mansfield_red Well-Known Member

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    It might if he's playing silly buggers, I wouldn't indulge him.
     
    mansfield_red, Nov 10, 2021
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  6. Red Mist

    Red Mist Well-Known Member

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    I would have thought that if the fence post is totally on his land and not equidistant across the boundary then he's within his rights.
     
    Red Mist, Nov 10, 2021
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  7. Tob

    Tobys Knackers Well-Known Member

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    I thought it was 12 years on land issues?

    Not my area though!
     
    Tobys Knackers, Nov 10, 2021
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  8. man

    mansfield_red Well-Known Member

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    No, that's not correct
     
    mansfield_red, Nov 10, 2021
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  9. man

    mansfield_red Well-Known Member

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    12 years on certain items where they relate to obligations under a deed, or 12 years for recovery of adversely possessed land (if unregistered). Sounds like this would be the tort of trespass, so just 6.
     
    mansfield_red, Nov 10, 2021
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  10. Red Mist

    Red Mist Well-Known Member

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    Verbal agreements mean nothing.If his deeds state that it's on his land then I think I'm afraid he's probably right.
     
    Red Mist, Nov 10, 2021
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  11. Chi

    Chippy red Well-Known Member

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    We've had 5 houses and been lucky enough to have good neighbours every time. Current ones particularly so. Can't imagine having to live with ill feelings, must be terrible everytime they set foot outside. Must have been something significant before the gate request.
    I'd suggest put your own post and rehang gate then she's got the high ground.
     
    Chippy red, Nov 10, 2021
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  12. man

    mansfield_red Well-Known Member

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    You are very wrong. Please stop giving bad advice, you obviously have no expertise in the area.
     
    mansfield_red, Nov 10, 2021
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  13. Red Mist

    Red Mist Well-Known Member

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    Mansfield,it's not advice it's an opinion.I will however bow to your expertise if you have a legal background.
     
    Red Mist, Nov 10, 2021
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  14. Redstone

    Redstone Well-Known Member

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    If you made that argument would he not just be able to remove his own post if he so wished? (And wanted to be awakrd)
     
    Redstone, Nov 10, 2021
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  15. Red Mist

    Red Mist Well-Known Member

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    Exactly Redstone.
     
    Red Mist, Nov 10, 2021
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  16. Dragon Tyke

    Dragon Tyke Well-Known Member

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    that's exactly what I would do.
     
    Dragon Tyke, Nov 10, 2021
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  17. Redstone

    Redstone Well-Known Member

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    Me too, I would just remove the gate as asked and then where possible put a new one in. Escalating things further will certainly not help.
     
    Redstone, Nov 10, 2021
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  18. man

    mansfield_red Well-Known Member

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    I would argue not - I would say that the initial agreement would constitute the granting of a right to attach a gate to the post.
     
    mansfield_red, Nov 10, 2021
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  19. Redhelen

    Redhelen Well-Known Member

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    I would do this. Anything else is likely to escalate and your MIL doesn't want that.
     
    Redhelen, Nov 10, 2021
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  20. Redstone

    Redstone Well-Known Member

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    Yes but if its his post he could decide to remove his own post and as such the gate. Also it was my understanding the whoever put the fence up is the owner, to the point you have to legally ask permission to even paint your side of a fence.
    Yes this permission may have been granted previously but I doubt you could really stop him if he wanted to be awkward and remove the post the gate is attached to.
    Calming the situation would be a lot better option all round. These sort of disputes can quickly escalate to the absurd.
     
    Redstone, Nov 10, 2021
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