Replacing a Boundary Wall

[rulefan]

Another boundary question.
The boundary line between my house and my neighbours is a straight line consisting of 19 mt of low level wood fencing then 15mt neighbours garage brick wall then 18mt of 6ft wooden fence
25 years ago I fitted a 1x1 mt gate. The hinges fixed to my house with a small keeper/ stopper with a slip bolt to the front end to my neighbour's garage boundary wall.

I am puzzled about the distance between your house (where the hinges are) and the garage (where the bolt is)

 

[GreiginFife]

Do your title deeds show the official boundary?
But why do you need access to the neighbour's property?

Of course the title plan shows the boundary.

I don't need or have access to the neighbour's property (and didn't say anything about access in my post) it was about structurally anchoring the fence to the garage with a half post as the garage wall sits as a feature line on the plan.

 

[rulefan]

Of course the title plan shows the boundary.

I don't need or have access to the neighbour's property (and didn't say anything about access in my post) it was about structurally anchoring the fence to the garage with a half post as the garage wall sits as a feature line on the plan.

You said The hinges fixed to my house.
What do the hinges do except allow the gate to open?

I still don't see how a gate can be fixed to the garage wall and the house, some meters away.
19 mt of low level wood fencing then 15mt neighbours garage brick wall then 18mt of 6ft wooden fence
Where does the house fit into this?

 

[jim8flog]

I am assuming the gate gives access to your garden via your land and not via the neighbours land.

You have no rights to use a neighbours wall/fence for support of any type so they can request any such support or fixing is removed

If you are gaining access across their land you have no rights to such unless you have had unrestricted access for a minimum of 26 years.

 

[rulefan]

Of course the title plan shows the boundary.

Does it not show exactly where the boundary is in relation to a fixed object (eg one of the houses)?

 

[GreiginFife]

You said The hinges fixed to my house.
What do the hinges do except allow the gate to open?

I still don't see how a gate can be fixed to the garage wall and the house, some meters away.
19 mt of low level wood fencing then 15mt neighbours garage brick wall then 18mt of 6ft wooden fence
Where does the house fit into this?

I don't have a gate. What are you talking about man? I have a fence and just a fence. The issue was one of anchoring the end of the FENCE rails to a half post that was to be affixed to the garage that the neighbour vetoed.

 

[GreiginFife]

Does it not show exactly where the boundary is in relation to a fixed object (eg one of the houses)?

Again, of course it does. This is expressed in feature lines where a fixed structure exists, in this case the garage is a feature line that runs concurrent to the boundary line. A house, in isolation, gives no indication of a boundary line unless the house itself is part of the feature line.

 

[rulefan]

Again, of course it does. This is expressed in feature lines where a fixed structure exists, in this case the garage is a feature line that runs concurrent to the boundary line. A house, in isolation, gives no indication of a boundary line unless the house itself is part of the feature line.

Sorry, my responses were supposed to be to

williamalex1​

 

[williamalex1]

I am puzzled about the distance between your house (where the hinges are) and the garage (where the bolt is)

The there's 1200 space between the properties, the hinges are fixed to my house the slip bolt goes into a 6mm hole on his ( boundary) garage wall.

 

[williamalex1]

There seem to be confusion between Greg's post and mine.
I need access to my side door and my rear garden via the gate, my house is on the left of the picture.
BTW both properties are In Scotland.

 

[rulefan]

There seem to be confusion between Greg's post and mine.
I need access to my side door and my rear garden via the gate.
BTW both properties are In Scotland.

Which side of the picture is your property? Left?
If so is the boundary to the right (the garage wall?
Is the passageway your property?

 

[williamalex1]

Which side of the picture is your property? Left?
If so is the boundary to the right (the garage wall?
Is the passageway your property?

My house is on the left the garage on the right the path is mine.

 

[GreiginFife]

Boundary has no bearing in this instance. The gate is physically attached to the neighbour's property and if they wish it removed then it should be removed.

 

[williamalex1]

Boundary has no bearing in this instance. The gate is physically attached to the neighbour's property and if they wish it removed then it should be removed.

It's not permanently attached, only temporarily anchored.

 

[GreiginFife]

It's not permanently attached, only temporarily anchored.

How is it temporarily anchored?

 

[williamalex1]

How is it temporarily anchored?

It's a slip bolt into a hole on the boundary wall, only when the gate is closed, there's a small hook and eyelet that can hold the gate open on my side

 

[GreiginFife]

It's a slip bolt into a hole on the boundary wall, only when the gate is closed, there's a small hook and eyelet that can hold the gate open on my side

If the hole is in the neighbour's wall then he/she is within their rights to ask you to stop using it.

Looking at the picture (but without a title plan), he/she can't tell you to remove the gate as long as it remains on your property, but anything that touches, uses or encroaches his/her property must be removed at his/her request. Any hardware installed on their property should also be removed at request (unless the boundary wall has a shared access clause in the title (D Section)).

 

[williamalex1]

If the hole is in the neighbour's wall then he/she is within their rights to ask you to stop using it.

Looking at the picture (but without a title plan), he/she can't tell you to remove the gate as long as it remains on your property, but anything that touches, uses or encroaches his/her property must be removed at his/her request. Any hardware installed on their property should also be removed at request (unless the boundary wall has a shared access clause in the title (D Section)).

Cheers Greg, It's been like that for 25 years and he's never mentioned it before.
Until after the estate agency pictures were put on line and the forsale sign went up.
He can fight it out with the new owner.

 

[rulefan]

It's a slip bolt into a hole on the boundary wall, only when the gate is closed, there's a small hook and eyelet that can hold the gate open on my side

Would it be possible to attach the slip bolt to the bottom (non-hinge side) of the gate and drill a hole in the flagstone for the bolt?
No connection to the garage or anything else on his property.

 

[williamalex1]

Would it be possible to attach the slip bolt to the bottom (non-hinge side) of the gate and drill a hole in the flagstone for the bolt?

Yes that could be easily done, but it tends to be a bit of a wind tunnel at times.
I actually once thought about installing some kind of wind turbine .