A neighbour can only screw into your wall, house or garage if you give them permission when installing a gate! If the wall is a party wall and owned by both sides then a neighbour can screw fixings into the wall.
Using your neighbours:
- Garden wall
- House wall
- wooden Fence
- Garage wall
Without permission then you are breaking the law and could face prosecution. If your neighbour has used fixings to hang a gate on your property for access to their garden then you have every right to have it removed.
What can you do?
If you have discovered someone has drilled into your house wall, fence or garage wall to fit a gate then they have broken the law. By law, they must remove this and repair any damage caused. If they will not remove the gate then you can:
- Inform the local planning officer
- Contact a solicitor and file for compensation
- Speak with the neighbours and tell them it needs to be removed
Sometimes a headed letter from a solicitor works wonders. It will make them realize they have done something illegal and might change their minds.
Failing that a planning officer from the council will investigate and the matter will go to the small claims court for compensation and an order to remove the gate and repair the bricks that have been drilled.
Is There A Workaround?
Yes, if you want to install a gate to access your garden you MUST seek permission. If permission is denied by your neighbour to screw and hang a gate, there is another option.
You must concrete your own post into the ground and use this to hang your gate. It’s a very simple job but you must make sure you plum the post in straight or the gate will not fit well.
Installing Your Stand Alone Fence Post
As long as the area you are digging is on your property you are well within your rights to concrete your post into the ground. This will be a free-standing post not connected to your neighbour’s garage wall, house wall, fence or shed.
Dig a hole around 2 feet deep, position your post and fill with concrete. Use a level and make sure the post is straight before the concrete sets. Once the concrete has set you will have your own free-standing post to hang your new gate!
Hi there, I am looking to install a new garden fence were currently we just have a wire fence in place. To do this, I am going to install some concrete posts to support the fence. This will involve replacing part a wall where my neighbours patio area is built upon and also to attach a post their garage at the end of the garden.
What permissions do I need to get from the neighbours to do this?
Hey Eoin,
You need some sort of verbal agreement, put it in writing if you can.
Hope this helps
My neighbour has a wall cemented onto my detached house – trouble is, it was already there when we both moved in years ago. Have we the right to make him take it off and do his own “free standing” post for his wall.
Hey Sue,
You can ask them to move it, that is your decision. If they do build a free-standing post then they will have to dig down 2 feet for the concrete support to hold. This might cause you issues concerning your foundations.
Make sure you bring this to their attention and advise them to be careful
Hope this helps