Fence/Gate Boundaries

[mitch99]

We have bought a new build a year ago. Alleyway between houses is owned by the neighbours with a fence across, Fence is fitted by two timber battens screwed to both houses. They have removed the fence and installed a fence that swings off our house causing a lot of noise when they are in and out of it. Can we remove the timber batten ourselves as it is no longer doing its original purpose?

[mitch99]

Sorry - removed fence and installed gate

[The Builder]

It'll depend on how long the batten has been in place, and what is stated in the Title Documents (but I'll bet they're "silent" on this.)

In my own experience (no lawyer of course, just a builder), I would leave it alone. Without evidence to say that the gate is an unstated "variation", Getting into something like this could run and run.

Do what I do. Just talk to them quietly. It could be construed as a legal "nuisance", but that could get messy.

[douglas9401]

Might they not be persuaded to fit a gate closer so it shuts gently?

[Hopkirk]

They might not be aware of the noise. Talk to them about it.
It might be that with lubrication and soft bumpers it can be quietened, and they might take care to be quieter.

[Bazile]

Just as a matter of interest .

If there was a fence between the houses - how did you get past to go through the alleyway ?