hodge Posted March 19, 2012 Share Posted March 19, 2012 Hi guys I wondered if any of you could shed some light on this and maybe off me some advice. I live in a new build house (well we've been in 6yrs). I've had a gate put in the fence at the back out the house which leads out onto a small piece of grass (not even a metre wise) then a public footpath and a road. I've just received a letter this morning from the house builders legal office telling me the following:- "I have been informed by our customer care department that your property has a gate access from the garden directly onto the public open space which is within the ownership of my client company. It is the intention to have the public open space adopted by the council but they will not adopt the land until the gates are removed. I would be greatful if you could remove the gate without delay to enable the public open space to be adopted". Now am I wrong here or can I do whatever I want with my fence because it's MY fence. It opens into my garden and is not an obstruction to anyone. We don't park around the back of the house, the gate is used for access to take the dog out or when I go running, etc etc. Do they have any legal right to make me seal up my gate. As I said I'm just after some advice before I phone up and tell him where to go. Thanks John Quote Link to comment Share on other sites More sharing options...
Jurgen-Jm-Imports Posted March 19, 2012 Share Posted March 19, 2012 sounds like you have pissed a neighbour off and they have complained.. knobs.. i would just leave it on Quote Link to comment Share on other sites More sharing options...
hodge Posted March 19, 2012 Author Share Posted March 19, 2012 sounds like you have pissed a neighbour off and they have complained.. knobs.. i would just leave it on Everyone with a gate in there back garden has got a letter. I'm tempted to phone and tell them I'll adopt the land and extend my garden. Quote Link to comment Share on other sites More sharing options...
Robzki Posted March 19, 2012 Share Posted March 19, 2012 I'm fairly sure that if you have used this for any length of time(18months I think) then you will have a defined easement over the other parties property, yours being the dominant estate. May well be worth some research. and don't ask me how I know Quote Link to comment Share on other sites More sharing options...
hodge Posted March 19, 2012 Author Share Posted March 19, 2012 Gate has only been in about 6 months. Quote Link to comment Share on other sites More sharing options...
Robzki Posted March 19, 2012 Share Posted March 19, 2012 Gate has only been in about 6 months. Are you sure? It would be difficult to prove either way. Also I would check as the 18mnths was a guess and it could be a lot less On a side note, tell em to bugger off. As you say its your fence and I can't think of any justification to tell you that you can't have a hinged section of fence. Quote Link to comment Share on other sites More sharing options...
hodge Posted March 19, 2012 Author Share Posted March 19, 2012 This is why I was taken back by it all to be honest. So I thought I'd run it past you guys, there must be atleast 1 legal boffin on here. Quote Link to comment Share on other sites More sharing options...
SPG Posted March 19, 2012 Share Posted March 19, 2012 Is there side access to your rear garden buddy Quote Link to comment Share on other sites More sharing options...
hodge Posted March 19, 2012 Author Share Posted March 19, 2012 Is there side access to your rear garden buddy There is a gate sat the side of the house that leads into the garden yes. It just makes access to the garden fron the front of the house. I'm in the very far corner of the estate which means I need to go all the way through the estate and right round to walk the dog over the fields etc, so I had the gate put in for simplicity really. Quote Link to comment Share on other sites More sharing options...
Wez Posted March 19, 2012 Share Posted March 19, 2012 Sounds like they are asking and not telling, I wouldnt bother and leave as is. What are they planning to do on the land? Quote Link to comment Share on other sites More sharing options...
hodge Posted March 19, 2012 Author Share Posted March 19, 2012 Sounds like they are asking and not telling, I wouldnt bother and leave as is. What are they planning to do on the land? Nothing at all Wez, it's not big enough. There's about 10 houses in a row (all detached) and the piece of grass runs the length of them. But it isn't even a metre wide so they can't do anything with it at all, apart from cut the grass. Quote Link to comment Share on other sites More sharing options...
Josh Posted March 19, 2012 Share Posted March 19, 2012 Nothing at all Wez, it's not big enough. There's about 10 houses in a row (all detached) and the piece of grass runs the length of them. But it isn't even a metre wide so they can't do anything with it at all, apart from cut the grass. IMO there's nothing they can really do then. Fair enough if the land was big, they built houses and a house backed onto your garden, but I'd just leave it. Quote Link to comment Share on other sites More sharing options...
Wez Posted March 19, 2012 Share Posted March 19, 2012 Contact them explaining that the council maintenance would be a royal PITA for them and would they be interested in selling the plot, you may get lucky and get it for a decent price. My parents old house had some land behind it which backed onto some garages but it was mainly used as a dumping ground for the garages. They wrote to the council and complained stating they wanted the area cleared, if not would they be willing to sell to them as is. The transaction cost a whole pound, yep £1. They ended up with a garden that then extended along the back of eight neighbors, only took a weekend to clear it and fence it off Quote Link to comment Share on other sites More sharing options...
hodge Posted March 19, 2012 Author Share Posted March 19, 2012 Contact them explaining that the council maintenance would be a royal PITA for them and would they be interested in selling the plot, you may get lucky and get it for a decent price. My parents old house had some land behind it which backed onto some garages but it was mainly used as a dumping ground for the garages. They wrote to the council and complained stating they wanted the area cleared, if not would they be willing to sell to them as is. The transaction cost a whole pound, yep £1. They ended up with a garden that then extended along the back of eight neighbors, only took a weekend to clear it and fence it off Worth a shot I suppose Wez. I'll buzz them on Friday, n see what they have to say. Quote Link to comment Share on other sites More sharing options...
Golfpro Posted March 20, 2012 Share Posted March 20, 2012 If the rear footpath hasn't been adopted by the local council yet then it still belongs to the developer. They will be worried that if you use the gate you might trip or fall on their land and then sue them. I'm in the building trade and have seen plenty of chancers faking injuries to try and claim off the builder. If it is still the developer's land then they would be entitled to stop you tresspassing on it thereby making your gate redundant anyway. The developers are probably genuinely trying to get it adopted and the local council may in fact be insisting that there are no gates? You could phone or write to your local council's planning dept to check if there are any restrictions. Quote Link to comment Share on other sites More sharing options...
hodge Posted March 20, 2012 Author Share Posted March 20, 2012 I can't see how they can stop me using the gate though. The patch of grass is so small I could actually step over it into the public footpath anyways. Are they actually going to police it to stop me doing this if I refuse to remove the gate. Quote Link to comment Share on other sites More sharing options...
ozz Posted March 21, 2012 Share Posted March 21, 2012 They can stop you if there is no easement for your access in your titles deeds or theirs. You cannot claim constant use as that needs to be 10 years. You don't own the land and have no right of access over it, I would think though that they cannot make you remove the gate, but they could fence the land to stop you using it. I also believe you would be trespassing if you try to use the gate. (I have my own land dispute to deal with). I would suggest calling the council to see if what they are saying is correct, if it is then ask what the options are (ie, can you just secure the gate) then advise the other neighbours - if the land gets adopted then I *think* you would be able to reinstate access, if not legally then I doubt the council would pursue as its very common for people to put gates onto public land. Quote Link to comment Share on other sites More sharing options...
Abz Posted March 21, 2012 Share Posted March 21, 2012 Get all your neighbours together & send a group response. It will hold more weight if you all say no together. Then they will know that it will be a lot of hassle for hardly any land. Quote Link to comment Share on other sites More sharing options...
ozz Posted March 21, 2012 Share Posted March 21, 2012 Get all your neighbours together & send a group response. It will hold more weight if you all say no together. Then they will know that it will be a lot of hassle for hardly any land. I'd tread a little carefully and certainly check title deeds (you should be able to access online for a small fee) becuase if the company wanted to be arsey they could just stop access and losing rear access to a property could reduce value/saleability. Just to add credance to this, there could be good value in that small strip of land as to grant an easement could cost 1.5k-4k per house. The developer hasn't implied use if they fenced the rear of the gardens off so IMO you have no automatic claim. Quote Link to comment Share on other sites More sharing options...
Schtuv Posted March 21, 2012 Share Posted March 21, 2012 You could stick a 'fire exit' sign on it and claim it's only for emergencies, or place a few bricks in front of the gate and claim it's a 'small low wall' :-) Quote Link to comment Share on other sites More sharing options...
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