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Putting a gate on a shared alley.

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divegirl | 09:20 Sun 08th Apr 2012 | Home & Garden
7 Answers
Hi,
I live in a council owned property and the house next door is privately owned. The neighbours have told me this morning that they are having their [two car] drive 'done'. My garden is grass and fenced in barr a access path approximately 2'6'' wide. Until now there has been no boundary between our properties but they have advised me they will be erecting a fence and putting a gate over their side of the shared alley way that gives access to our rear gardens.
Can they do that? The alley is only approx 4'!!! If the gate goes at a angle it should be ok :0/ but do I wait until the work is done then complain if it reduces my access or........

Would it be worth while contacting the council for some advice?

Lisa x

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They can only put the gate across as far as their own boundary - so they can't gate off your access. I'd tell the council now, they can define the boundary of your council property - don't wait until it's done. Or, if you get on well with the neighbours, ask them to explain how they are going to fix the gate so it doesn't infringe on your property.
I think that, however the drive is owned, each party must allow the other full access. This will be mentioned in the deeds, so in your case you should contact the council. See a previous anwer http://www.theanswerb...s/Question468719.html
In a situation like this, access is usually 'shared', ie you can use the whole of the 4' width unless his deeds show otherwise. It will define his boundary and also whether part of the property is shared. If the neigbour refuses to cooperate definitely ring your housing department.
Question Author
Thank you all for your insight.... I think I'll give the council a ring when they re-open.

Lisa x
DG, I assume the alley is in the centre of the 2 homes and the fence will be going up the centre of the 2 gardens? If the fence stops short of the alley entrance and the gate is at an angle this should not block your access. You really need to see a plan of what they are building. Don't wait for it to be done as any objection then will lead to an acrymonius dispute.
yes they cannot just cut half of it off...it is classed as shared for a reason - thats it is not a big enough entrance to divide

they must install a kind of cutoff corner type gate, or potentially install 2 gates a main one acros the whole entrance and a side one into their garden and allow you a key to the main outer one.
I bet it'll be what John said. I had this in a house I lived in, gates at angles so no access is disrupted.

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