how do I get a neighbour to remove a gate from my house, that they fixed without my permision

[confusedpete]

I live in a detatched house seperated from a semi by a forty inch passage way, there was a gate at the end of the passageway, which had its hingepost sunk into the concrete floor so was free standing and not touching my house, but recently the post rotted at the base and came adrift, now the neighbour has drilled three holes in my house and attatched the gate to my house, I have contacted a lawyer but have been told that it's not worth suing as the court would rule deminimus, ie cost of going to court would be more than the damage done to my property, the neighbour has threatened to sue for trespass if I go down the passageway to remove it,

[MustafaTickl]

If you have the necessary tools for them to use you can often get one of these to do a moonlighter

[glenis]

on whos land is the passage way? it's unlikely that your house is built right up to the boundary line between your two properties ,and your neighbour can only sue for trespass if he owns the land ,if it were me i would just remove the gate myself

[confusedpete]

Hi,
and thanks to mustaffatick, and Glenis,
Firstly as for doing a moonlight job here you wouldn't want to be caught by this chap next door,
As for the boundary line Glenis, I don't truthfuly know,
The general boundary line shows in his favour, but as for the legal boundary, which as you probably know is not neccesarily the same, my solicitor and I think it runs straight down the middle of the two houses, giving us both one half of it, the reason for this opinion is that my eaves overhang about halfway over the passageway, also there has been a window in the side of my house at some point which would have needed access to clean it.
Regards, confusedpete.

[rojash]

You appear to be saying that you object to the post being fixed to your wall, but if it was set in concrete 1 mm away from your wall, you would have no objection. Perhaps you should just have a cup of tea and learn to be a bit more laid back?

[buildersmate]

Out of court remark, Rogash.
Its the straw that breaks the camel's back. Next he'll have supports on the wall for a covered passageway. Important to take action when the neighbour's 'land grab' gets too much.
Point about the difference between 'General Boundaries' and 'Fixed boundaries' is true, Pete, but even the less-than-exact LR title plan should show whether the boundary runs roughly down the middle of the passage or to one side of it?
Either way the boundary does not extend to the land on which your house wall is constructed, so he can't attach anything it it. Ask him politely and firmly to remove it within 7 days. Say nothing more, then if he doesn't do it, remove it.

[confusedpete]

It's ok saying leave it where it is Rojash, but every time the wind blows and the gate slams, ornaments fall off of my mantlepiece, literally, as he never seems to bother latching it properly, this does not happen if the post is not touching my house. anyway i pay coucil tax at a rate for a detatched house, not one that is attached by a gate, cheers.
pete.

[confusedpete]

thanks for your reply buildersmate, you are quite right it is the last straw as there have been other similar incidents, in fact too many to mention here, the problem with removing it is the fact that he is just bullish enough to put it back again, and as I'm disabled i cant outpace him this way. and anyway he's not using rawlpugs, but 3/8ths frame fixers,
thanks for your interest, pete.