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Gate Noise Problem

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Annette T | 13:54 Sun 20th Jan 2008 | Law
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My previous neighbours asked my husband if they could put gates up between our detached properties which he said yes however when they were erected they were found to be very noisy so we had to tell them, they changed the gates from metal to solid wood which were also very noisy and they have a lot of movement in them, making them constantly bang so they agreed to keep them open and only closed them on a night. In the meantime they have sold the house - I asked them did you have words with the new owners about the gates and they said yes. The gate situation with the new owners have worsened and today I had to go and have a word about them - they were very agressive and said that they bought the house with the gates on and that they were staying there they wer in their right and did not seem to want to find any solutiion to the problem

Does anyone know If I have the right to request that they are taken off my property ??
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I'm not an expert, and can just relate what happened to me a few years ago.

In my back garden have an apple tree which was growing at an angle. To try and rectify this, I tied string to the tree, and tied that to the adjoining fence, which, technically, was a neighbours. It wasn't a permanent fixture, and kept coming - so I thought - untied. Well to cut a long story short, it was the neighbour untying it all the time, and he did not want me touching his fence in any way. There was a row, I called him a few names, and in a fit of temper I kicked and damaged the fence. He was a horrible bloke, and not my first run in with him.

Anyway, he called the police, and I ended up getting a caution AND having to replace HIS fence panel.

Though different circumstances, it's not that different to your own in that it's attached to YOUR property. He didn't want me attaching anything to his property, so I would have thought that you would have the right not to have it attached to yours if you so wish. Don't hold me to that - I'm just relating my experience.
Yes, if the gates are attached to your property you do have the right to have them removed. If your new neighbours are difficult to deal with I'd be inclined to drop them a note giving them one last chance to resolve the problem amicably. Before you do this you might want to check with the Citizen Advice Bureau whether they can put you in touch with a solicitor who deals with domestic nuisances like this.
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Thank you for t hat as its driving me mad. citizens advise here I come
Annette, I am confused by your last sentence. Are the gates on the boundary? If they are on your property you can do what you like with them. Be careful however. If the dispurt becomes official you have to declare it on any sale.
They are actually attached to my house.
whos is the wall they are attached to ? if its yours I think you can just take em down after all thats possibly why the previous owner asked you because it is your wall if its theres then its a problem but if it is between the two of you why is it in constant use ?
The gates are directly on to my house, the noise is in my living room and front bedroom. Its in constant use as they use their back door - having to constantely open and shut the gate.
Annette
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The gates are attached to my house, and they use the side door so they have to use the gates, even though tthey also have a doorway at the side of the gates
I would ask them in and let them listen to the noise and see if you can come to some arrangement like a soft close mechanism like they use on office doors etc if they hear what the problem is they may understand and do something about it , If you can do it this way thats great , If they are unwilling to assist then next step would be to insist that it is not attached to your property and instruct its removal within 2 weeks and make good any damage done by its attachment , That would be reasonable in my opinion , If you can stay sort of talking to your neighbours regardless of what you think of them its better all round.

best of luck

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