Question:

I have a private right of easement accross my neighbours land to access my own garden...cont?

by  |  earlier

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I have erected a gate on my own land which hinges open onto their land. The gate is only opened when I pass and repass but they have said that the gate should not open over their land. Is this correct?

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  1. Sounds a little extreme but I would guess that they are correct.  


  2. It is correct and to avoid any unpleasantness (or worse) I would change it around.

  3. have the gate swing the other way - onto your land - that will fix the problem with the neighbor (who seems to not like the fact that you have an easment) But it is ok to have the gate open onto their land as long as it's within the number of feet for the easement. Generally speaking the easement will say it's for a portion of land (and it describes the size of the land or the right of way) but if the neighbor is going to complain - easier to swing the gate the other way  

  4. That is correct, it should open onto your land or public thoroughfare.

    Although I can't believe they're being so petty about it, they probably resent the fact that you already have right of way to get to your property.

    Try lightening the relation you have with your neighbours as much as possible.

  5. .  That is really being picky.  It is possibly true. A judge would never enforce this.  You don't want it to go that far.  Can you pay to have the gate changed.  I would.

  6. You have to have it swing your way.   The easement allows passage only, you can not build a gate that impedes their property at any time, even while you are using said gate.

    Gates also can not open into the a public street.   I am surprised you got this permit, the planning office should have caught this.

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