Gate removal

10 years ago

21 years ago, my neighbor asked if they could install a gate between our houses to allow his children more room to play between the houses. The distance between houses is 7 feet and the property line runs right up the middle. I allowed it and he anchored the fence into my brick and the post for the hinges is embedded into the soil on my side of the property line. for many years I have accessed through that gate to replace windows, due brick and gutter maintenance, etc...
They are now putting the house on the market and I've asked them to remove the gate and place it towards the back of our houses. ( idont want to start off on poor terms with my new neighbor but have waited patiently for 18 months for them to do so.)
I am at the point where I will just remove it completely myself and lean it up on the side of their home. The home was sold and the closing date is approaching. I dont want to create a problem for them at closing, but also want to just remove the gate. The current owner is asking that we wait until after the new owners move in to work out a solution.
Thoughts? legal issues?

Featured Answer

jnavarro31

10 years ago

I'm not a lawyer, so I can't advise you from a legal standpoint. I can only tell you what I would do if I were in your position: take down the gate myself and be done with it. Before the new owners take possession. Who cares what their opinion is? If you allow them an option, they might come up with an opinion that differs from yours. Better to do it before they move in and then they'll be too busy moving and settling in to know one way or another.

As for adverse possession, the laws differ from state to state. In my state, adverse possession basically works through the element of surprise. That is, if you want to take formal possession of land you have been using, you need to do it before the other party steps in and notifies you that you are trespassing on their property. So, another reason not to hesitate to take down the gate.

Good fences make good neighbors, and bad fences make bad neighbors.

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Comments (8)

jsl1700
Original Author
10 years ago
Also, we are in Ohio and I believe that there could be adverse possession we are working against. Is this correct?
Russ Barnard
10 years ago
last modified: 10 years ago
Well, in Texas, if we allow access to an area, whether easement or gate etc, and it is allowed for like.. I think 7 years, it is hard to legally force someone to remove it.

Now, that being said, for instance, I allowed a neighbor to use the edge of our land to access a nice spot for a cabin, rather than having him repay to build another road when he built it on the edge of our land, however.. I sent him an email which he replied to that states the easement does not transfer to a new owner if he sells.

Is it a legal solution? maybe not, but it is all about intent.

So, I would say if you own the gate, take it down now and patch it back to a fence or whatever it was.

Not a legal "ruling" but if it's your fence.. that is their problem, not yours.

Or, put a lock on it. If it is on your property, lock it up.

Also, check easements. You may have a gate on an easement and have a legal reason to remove it.
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Russ Barnard
10 years ago
Yea, I would end up taking the gate down too. Then, blame the previous owner for not telling the new owner...lol
jnavarro31
10 years ago
I should add that if you decide to keep the gate up, the first thing you should do when the new family moves in is to introduce yourself and have them countersign a letter that explicitly states that the gate is on your side of the property but that you are allowing them use of your land without implying any ownership on their part.
lego9lego
10 years ago
Has the fence been up 21 years and you asked the same people to take it

down 18 months ago or are these different people in the house now?
toxcrusadr
10 years ago
After reading it a couple of times, both ends of the gate are on your property correct? This is entirely 100% your gate other than the fact that the neighbors originally paid for it. No one else has any right to demand it stay put. If they don't want to take it with them, it seems you have the right to remove it any time you want. And apparently they do not want to take it with them as they have basically let it sit.

Is there a piece of fence on their side connecting the gate post to their house? I would think so.

I don't see a problem on your part with the new neighbors because they can't really say anything about what you do on your property.
jemdandy
10 years ago
last modified: 10 years ago
Do not lean the gate against their house. Lean it on the fence on the side facing their property. Alternatively, you could nail (or screw) the gate shut. Bridge the gap between the gate and fence (opposite from the hinge side) with similar boards. Securely fasten the boards and paint to match.I am put off about the fence being fastened to your brick. I presume this is the brick siding on your house. This should never have been done. A shift of the fence could pull the bricks away from your house or fracture the seams between the bricks. That end of the fence should have been anchored with a post, and not the house.