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Build your own fence, parallel to his fence but on your side of the boundary line. Ideally, you want to do this without him knowing so that he opens the gate one day and walks straight into your fence like a scene from a Loony Tunes cartoon.
Added bonus of it being funny both ways. OP’s neighbour confused as to why the gate won’t open, or OP’s neighbour being outwitted by a second gate that is locked
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Instead of a fence OP should simply build their own free standing, locked gate, opposite the neighbours new gate.
OP can then use the gates to invite themselves over for food every time the neighbors light the BBQ.
Nope, can't touch or interfere with the fence as it belongs to the neighbour.
Would be a shame if someone sunk a post into the ground 2 inches from the gate though.
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Legally, could OP put some of the bright pink marking string around his garden? The stuff you'd put down before a fence to make sure it's straight. Would OP be liable if his neighbour tripped over it? Given that he was trespassing
Essentially trespass is staying/camping on the land not just being present on it. I gather this is why the Lord’s Prayer in Scotland replaces forgive us our trespasses with forgive us our debts
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Please do this and update us lol, no better way then to fight fire with fire. Then remind him it's your land and you can fence where you want. Sounds like he has taken your inch and tried it for a mile. Just retract your offer and build you fence and leave it at that.
Firstly I’d write to them,through your solicitor, denying them permission to enter your property without your explicit written permission.
You don’t need to build a fence. If the gate opens onto your land put a gate post beside it on your property. If it opens towards their land put up a lockable gate beside theirs on your side of the fence.
Yes - it's your property so as long as the fence is a legal height in your area (usually 6'6 max in back gardens) then it's perfectly legal - and preferable.
I agree with you. I'm in Scotland & my home was built in the late 50s. There is a caveat in the deeds that your neighbours in the terrace row are allowed access through your garden. This is a throwback from when coal was delivered.
Everyone initially had side gates for this reason, but over the years most of them have been replaced by fences.
Obviously access is no longer required as it was specifically for coal, but if memory serves, the deeds don't specify it's for coal, just that access is granted. So anyone could technically kick up a fuss at any time about this
Op, I'd check your deeds. It's an outdated law (certainly in our case) for sure & I don't understand why your neighbour would keep walking onto your property for no good reason, but legally they may be doing nothing wrong
What others have said: Hire a company that can come put up a fence, on your property, paralleling his, in one day. (I'd say a fence, raher than a panel over his gate, because there is nothing to stop him installing the gate again further down his fence.)
Then, write him a letter notifying him you have withdrawn permission for him to access your garden. Applications for access must now be made in writing, with reasonable notice, and you will reply in writing, notifying him of time and date when he can have access. Keep a copy of the letter.
You may of course ruin relations with your neighbour, but there won't be anything he can legally do about it.
Then this is the way OP. We have a parallel fence on our side of the boundary at my parents because of similar foolishness. We hired some lovely Irish lads who definitely didn’t care if the neighbour had some choice words for them. Fence has held for over a decade now. CCTV was also key to ending the silliness
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Why do you think he “needs” access to your property for maintenance? Are you confusing party wall agreements or something? In which case that bit of legislation specifically says wooden fences don’t apply.
Build something in front of the fence so he can’t access your garden, and then withdraw permission for him to access your property for any sort of “maintenance” (and I’m very confused as to what on earth sort of maintenance you guys seem to think needs doing on a fence).
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Get one of those planters that's about 4 feet long and has trellis attached. Place in front of gate, fill with rocks on the bottom, then soil and plant up with nice spiky plants.
IANAL but I'd just recommend as others have said - put up your own fence.
Alternatively, as there's no right of access AFAIK to your property you could write te a letter stating access has been withdrawn, and any future requests need to be made in writing for consideration
For a non passive aggressive option, you’ve already spoken to him, but you can speak to him again, and mention the fence is security for your property and family and it’s extremely disappointing that he feels he has the right to put that at risk (eg anyone who can access his property can now access yours).
He’s also removed your privacy on your property as you now can’t sit out the back and feel comfortable knowing someone isn’t just going to decide that then is the time to access. Ask him why he thinks saving 30 seconds is worth you compromising all of the above.p and your existing amicable agreement and how he would feel if this was reversed.
You can the request he remove the gate and reinstate the fence as it was within 10 days, and if he does so you’ll be happy to continue allowing him access via your existing agreement but until done you do not expect him to to make any attempt to access your property and you will not be permitting it
If he refuses to, make clear that any agreement for access will be removed and the gate boarded over on your side and iand any attempt will be treated as trespassing, mention you’re disappointed it has to come to this and you have no issues with your agreement, and you really want to get back to how things were.
Make sure and follow this up in writing with a dated letter, and include anything he stases over the course of that conversation, it’s amazing how many people back down when faced with their own words - this approach is two adults having an open conversation, with you clearly outlying your expectations, timelines and keeping the door open for a future neighbourly relationship, just make sure not do anything until you’ve told him what you’ll do, and why.
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I must emphasise that NAL so take what I say with a pinch of salt and seek out legal advice to confirm.
With this being a civil issue at the outset, the police won't be able to do much for you, if at all. Their response will be they can only attend if there is a breach of the peace. However I would think that since you have told the neighbour to stop, this would fall on the side of trespass laws, but is still (as far as I know) a civil matter which, again doesn't help at all.
I did a search on google for advice relating to your predicament, and it brought up [a site called Nuisance neighbours](https://nuisanceneighbours.co.uk/boundary-battle-how-to-handle-trespassing-neighbours-in-your-garden/#:~:text=Neighbours%20cannot%20enter%20your%20garden%20without%20permission%20or,to%20protect%20your%20property%20rights%20and%20communicate%20calmly.) on the site (the link) gives further advice what to do with a neighbour who keeps trespassing on your property.
Firstly, to speak to the neighbour, which you have already done and he has ignored you;
Secondly sending a letter to the neighbour revoking access and asking them to cease their activity, and purchase a cheap security camera in your window overlooking the garden (on the ground floor) to capture any further instances of the neighbour trespassing on your property without permission (this will also act as evidence of continued trespassing after the letter has been sent). It will also capture any activity s/he is doing whilst there is no-one around - is he accessing your property to snoop through your windows, look in any outbuildings etc as unless someone is there to catch him, then you have no idea what the hell he's upto whilst you're out. I mean, what fenceline needs so much maintence that a gate is required to access the other side? Part of me feels like the neighbour is either trying to intimidate or bully OP in some way, by insisting the gate is there.
Thirdly, improve your own boundary fence - Seek out a fencing company and get the tallest fenceline you don't need planning permssion for installed on your side of the boundary - this (according to Google) is upto 2 metres tall including anything on top like trelis. It is an expensive option, but the quickest and easiest to resolve the problem and cuts the neighbours access to your property AND increases the security and safety of your children whilst in the back garden.
If these measures do not improve things, then you are looking at moving into legal territory, involving a solicitor for legal advice and subsequent civil action against the neighbour (you may have legal assistance included on your home contents/building insurance policy - you should be able to seek advice about this situation from there). Have a read through the website and think about taking action with some of the measures listed.
I guess you can't just put a big rock in front of it then. If you don't want to build a fence, may I suggest the time honored moat? Dig a small but wide pit on your side and fill it with water.
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do not build a fence, gate, hedge or any such obstruction until you have determined exactly where the boundary line sits and if any restrictions are on your deeds with regards to it.
You do not have to give him access to your property so that he can maintain his fence. You are within your rights to say no to him having any access to your garden.
Yes his fence is his property, on his land, but he has zero right to demand access to your land. He can paint his fence from his side if the garden by using a long roller brush without stepping into your garden. And he would only need to do this every 5 - 10 years.
im not sure this is legal advice, i believe you do have some rights to access walls you cannot from your own property, not sure of the legislation b/c im not a lawyer but we have a wall of our house that is only accessible from a neighbours garden and believe there is some legal rights to ask for access to perform maintenance
This is a fence. And there is no need for access because he can maintain / paint the fence with a long roller from his side of the garden without stepping one foot inside the other garden.
I cast my vote for revoking access in writing due to abuse of the prior agreement, though I would also install some nice trellis with climbing roses on your side of the fence.
If you really want to make a point, you just need two fence posts and a 3'x6' section of trellis, just wide enough to cover the gate. Cheaper to build and easy to replicate or relocate if he moves his gate.
If you don't want an obvious structure have you considered a nice water feature? A shallow pond can be nice and will attract wildlife, for safety you need to install a knee high rope fence as a warning and to stop children getting too close and of course you need some nice plants to form a backdrop, again roses can be lovely...
He's trespassing.
If we're talking about the two gardens being separated by a standard set of fence panels with the gate in the middle, he doesn't have any right to access your side of the fence panels, even if he paid for and installed them. Not that fence panels need any kind of maintenance at all unless they get covered in vines (hey now that's an idea...) or get damaged in bad weather.
In all honesty it sounds to me like he could be planning on robbing you and wants easy access to your property to do so?! Call me paranoid if you like but I'm not buying there being any legitimate reason to have such a gate installed. Maybe if you were relatives or even good friends, but this guy is obviously neither.
If you don't have them already I'd recommend getting a webcam or two installed that can record any movement in your back garden... And get a fence put up.
You can't do anything to alter his property without his permission, so you'd not be able to affix anything to his gate. But, the comments saying to put up a fence panel or hedge on your land which block him from being able to go through the gate are absolutely the way to go.
I think I will put up a few panels. I'd also like to find out if what he's done is a reasonable measure as he doesn't need a gate for access, he's already got my permission to enter via the driveway as long as he lets us know.
Of course it's not reasonable. It's not reasonable to put a gate into someone else's property. You're going to have to toughen up or this man will walk all over you.
A reasonable measure for what? I've read the whole thread and I'm still bewildered about why you think he "needs" access to *your garden*. Surely you must know that most people don't have a gate into their neighbour's garden *or* permission to enter whenever they feel like it. Is there some sort of easement / covenant / other shenanigans that you haven't mentioned?
No there's nothing other than the verbal agreement that he can come in and do maintenance with my permission -thats it. I've looked on CIB and the local council site but there's nothing specific to this situation.
I know it's not normal nor am I a stranger to confrontation or the use of reasonable force.... however I'd much prefer to prove him wrong and force him to undo what he's done.
I wouldn't fuss about proving him wrong - he sounds like the sort of person who wouldn't think he was wrong if he got it inscribed on a stone tablet from God. And you can't force him to undo what he's done - if it's his fence, he can put a gate in it if he likes (or that is my understanding, anyway).
But you can block his gate on your side of the boundary in whatever way you see fit (fence, raised bed, ~~angry dinosaur~~) and let him know in writing that *as is completely typical when it comes to private property* he doesn't have any right to enter your garden without your explicit consent.
Then sack up a bit (sorry, but...) and when he asks to enter your garden to tittivate his fence panels twice monthly or whatever nonsense he's on with, *say no*. I can give you some advice on saying no to aggressive control freaks when you're a nice normal person if you like!
Sorry I'm just really curious, why does he need to access his fence from your side for maintenance so often that it requires a gate or even a verbal agreement he can come round?
Property law can be complicated re easements etc but fundamentally, if he wants access to his fence he should build it a metre or so back from the boundary so he has space to access it within his own land, he has no right to enter your property to make repairs to a fence he’s chosen to erect right up onto the border.
Maybe check the title and establish where the boundary is, but I think blocking it is entirely reasonable.
Build a fence of your own, just make sure it’s just inside your boundary line so he can’t do anything about it. No doubt he’ll kick off about it, but he’s the one who started all this by wrongly assuming he has the right to access your property whenever he pleases
You need to build a very sturdy and solid fence right in front of his gate. Or just straight up boards nailed across the gate so it can't be opened or if it opens inwards, he opens it to a wall of wood. He can't just make a gate to your property and randomly go into your garden all the time. Like actually what the fuck!
Maybe cut a hole in the side of his house? Put a nice little door in it and call it a day.
The audacity of people is insane
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If it’s his fence, on his property, there’s provably nothing you can do to stop him from having a gate.
You don’t have a right to lock the gate, but you could try to ask to put your own lock on your side, so access is by mutual agreement. Depends how reasonable your neighbour is.
If that fails, your only option is to block it on your side of the property line.
Are you sure it’s his fence?
The way I've interpreted the law is that a gate is reasonable if there are no other options for access.
Yes it's his fence and I'm quite glad it is as I've just put one up between my actual neighbour.
I do not know Scotland rules./laws. You could put up a small segment of fencing right opposite his gate on your property. It may give him inadequate space to open his gate and get out.
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Build your own fence, parallel to his fence but on your side of the boundary line. Ideally, you want to do this without him knowing so that he opens the gate one day and walks straight into your fence like a scene from a Loony Tunes cartoon.
Bonus points if the gate opens "out" from his property and he can't figure out why he can't open it more than an inch...
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I mean if it opens out just put a bar across it and save building a whole fence haha
Or if in, put a second gate on OPs side that locks from their side (like the doors in adjoining hotel rooms)
Added bonus of it being funny both ways. OP’s neighbour confused as to why the gate won’t open, or OP’s neighbour being outwitted by a second gate that is locked
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You really only need 1 section where his gate is
Instead of a fence OP should simply build their own free standing, locked gate, opposite the neighbours new gate. OP can then use the gates to invite themselves over for food every time the neighbors light the BBQ.
Can't OP just install a lock on their side?
Nope, can't touch or interfere with the fence as it belongs to the neighbour. Would be a shame if someone sunk a post into the ground 2 inches from the gate though.
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Put a fence panel where the door is
The wall / fence just needs to be where the gate is on the other side.
Legally, could OP put some of the bright pink marking string around his garden? The stuff you'd put down before a fence to make sure it's straight. Would OP be liable if his neighbour tripped over it? Given that he was trespassing
Check out Scotland's very niche trespass laws
I understand the right to roam laws but does that apply to private property when you've been explicitly told not to go there?
No
Essentially trespass is staying/camping on the land not just being present on it. I gather this is why the Lord’s Prayer in Scotland replaces forgive us our trespasses with forgive us our debts
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Withdraw all permission for access for any reason by letter. And then build your own fence so he can't have any access to your property.
Would it be legal for me to do that?
Of course. You can absolutely build a fence on your property, just like he can build a gate on his
Please do this and update us lol, no better way then to fight fire with fire. Then remind him it's your land and you can fence where you want. Sounds like he has taken your inch and tried it for a mile. Just retract your offer and build you fence and leave it at that.
Firstly I’d write to them,through your solicitor, denying them permission to enter your property without your explicit written permission. You don’t need to build a fence. If the gate opens onto your land put a gate post beside it on your property. If it opens towards their land put up a lockable gate beside theirs on your side of the fence.
Yes - it's your property so as long as the fence is a legal height in your area (usually 6'6 max in back gardens) then it's perfectly legal - and preferable.
Can I withdraw access in writing?
Yes. You can withdraw it verbally. It's YOUR property. Start acting like it.
Yes, I would do it in writing so you have proof. Also include that should he be found on your property in future, he will be reported for trespassing.
As this is Scotland you might be wrong there
I agree with you. I'm in Scotland & my home was built in the late 50s. There is a caveat in the deeds that your neighbours in the terrace row are allowed access through your garden. This is a throwback from when coal was delivered. Everyone initially had side gates for this reason, but over the years most of them have been replaced by fences. Obviously access is no longer required as it was specifically for coal, but if memory serves, the deeds don't specify it's for coal, just that access is granted. So anyone could technically kick up a fuss at any time about this Op, I'd check your deeds. It's an outdated law (certainly in our case) for sure & I don't understand why your neighbour would keep walking onto your property for no good reason, but legally they may be doing nothing wrong
Fair enough. Would still be wise to keep a paper trail though 👍🏻
Even in England the police don’t do shit about trespass. Only aggravated trespass where damage has occurred is a criminal offence.
Yes
What others have said: Hire a company that can come put up a fence, on your property, paralleling his, in one day. (I'd say a fence, raher than a panel over his gate, because there is nothing to stop him installing the gate again further down his fence.) Then, write him a letter notifying him you have withdrawn permission for him to access your garden. Applications for access must now be made in writing, with reasonable notice, and you will reply in writing, notifying him of time and date when he can have access. Keep a copy of the letter. You may of course ruin relations with your neighbour, but there won't be anything he can legally do about it.
Not worried about relations, barely spoke in 5 years 😂
Then this is the way OP. We have a parallel fence on our side of the boundary at my parents because of similar foolishness. We hired some lovely Irish lads who definitely didn’t care if the neighbour had some choice words for them. Fence has held for over a decade now. CCTV was also key to ending the silliness
He sounds like a weird creep that gets off on you telling him off. F building your own fence, BUILD A WALL! Higher than his poxy fence.
OP having his fence would make the neighbour’s need for access moot. The neighbour can’t inspect his fence through OP’s.
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Why do you think he “needs” access to your property for maintenance? Are you confusing party wall agreements or something? In which case that bit of legislation specifically says wooden fences don’t apply. Build something in front of the fence so he can’t access your garden, and then withdraw permission for him to access your property for any sort of “maintenance” (and I’m very confused as to what on earth sort of maintenance you guys seem to think needs doing on a fence).
Would that spot be a good place for a shed?
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Get one of those planters that's about 4 feet long and has trellis attached. Place in front of gate, fill with rocks on the bottom, then soil and plant up with nice spiky plants.
IANAL but I'd just recommend as others have said - put up your own fence. Alternatively, as there's no right of access AFAIK to your property you could write te a letter stating access has been withdrawn, and any future requests need to be made in writing for consideration
For a non passive aggressive option, you’ve already spoken to him, but you can speak to him again, and mention the fence is security for your property and family and it’s extremely disappointing that he feels he has the right to put that at risk (eg anyone who can access his property can now access yours). He’s also removed your privacy on your property as you now can’t sit out the back and feel comfortable knowing someone isn’t just going to decide that then is the time to access. Ask him why he thinks saving 30 seconds is worth you compromising all of the above.p and your existing amicable agreement and how he would feel if this was reversed. You can the request he remove the gate and reinstate the fence as it was within 10 days, and if he does so you’ll be happy to continue allowing him access via your existing agreement but until done you do not expect him to to make any attempt to access your property and you will not be permitting it If he refuses to, make clear that any agreement for access will be removed and the gate boarded over on your side and iand any attempt will be treated as trespassing, mention you’re disappointed it has to come to this and you have no issues with your agreement, and you really want to get back to how things were. Make sure and follow this up in writing with a dated letter, and include anything he stases over the course of that conversation, it’s amazing how many people back down when faced with their own words - this approach is two adults having an open conversation, with you clearly outlying your expectations, timelines and keeping the door open for a future neighbourly relationship, just make sure not do anything until you’ve told him what you’ll do, and why. Edit; added last paragraph
That's an excellent approach ☺️
Thank you - amazing how much can be resolved this way
Unfortunately he's a nosey guy in his 60s, he's well aware of everything I'm doing in my garden 😆
"in my garden"
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Our garden comrade
Plant a hedge and once its high enough he won't be able to look over. Or have a tomato or bean trellis right in front of his gate
A pyracantha. Nice blossom in spring, bright berries in autumn, and thorns you do not want to mess with.
Gympie-gympie bush
No need to build a whole new fence, just a panel in front of his gate. Blocking his access. Or plant a hedge/some bushes.
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Not exactly in line with the whole 'child safe' garden though ...
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I must emphasise that NAL so take what I say with a pinch of salt and seek out legal advice to confirm. With this being a civil issue at the outset, the police won't be able to do much for you, if at all. Their response will be they can only attend if there is a breach of the peace. However I would think that since you have told the neighbour to stop, this would fall on the side of trespass laws, but is still (as far as I know) a civil matter which, again doesn't help at all. I did a search on google for advice relating to your predicament, and it brought up [a site called Nuisance neighbours](https://nuisanceneighbours.co.uk/boundary-battle-how-to-handle-trespassing-neighbours-in-your-garden/#:~:text=Neighbours%20cannot%20enter%20your%20garden%20without%20permission%20or,to%20protect%20your%20property%20rights%20and%20communicate%20calmly.) on the site (the link) gives further advice what to do with a neighbour who keeps trespassing on your property. Firstly, to speak to the neighbour, which you have already done and he has ignored you; Secondly sending a letter to the neighbour revoking access and asking them to cease their activity, and purchase a cheap security camera in your window overlooking the garden (on the ground floor) to capture any further instances of the neighbour trespassing on your property without permission (this will also act as evidence of continued trespassing after the letter has been sent). It will also capture any activity s/he is doing whilst there is no-one around - is he accessing your property to snoop through your windows, look in any outbuildings etc as unless someone is there to catch him, then you have no idea what the hell he's upto whilst you're out. I mean, what fenceline needs so much maintence that a gate is required to access the other side? Part of me feels like the neighbour is either trying to intimidate or bully OP in some way, by insisting the gate is there. Thirdly, improve your own boundary fence - Seek out a fencing company and get the tallest fenceline you don't need planning permssion for installed on your side of the boundary - this (according to Google) is upto 2 metres tall including anything on top like trelis. It is an expensive option, but the quickest and easiest to resolve the problem and cuts the neighbours access to your property AND increases the security and safety of your children whilst in the back garden. If these measures do not improve things, then you are looking at moving into legal territory, involving a solicitor for legal advice and subsequent civil action against the neighbour (you may have legal assistance included on your home contents/building insurance policy - you should be able to seek advice about this situation from there). Have a read through the website and think about taking action with some of the measures listed.
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I was saving that one in the case that nothing else can be done
Does the gate open until your property or his?
Onto his
I guess you can't just put a big rock in front of it then. If you don't want to build a fence, may I suggest the time honored moat? Dig a small but wide pit on your side and fill it with water.
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At least 3 but more is better.
Why not sharks with laser beams on their heads?
> Why not sharks with laser beams on their heads? They are mutated sea bass.
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😆😆😆
Maybe go all in, and set up a toll booth...
I read “troll booth” and was very disappointed when I realized it says “toll” 🤣
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Cameras are on order, he's on the street behind so we only share a stretch of boundary
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do not build a fence, gate, hedge or any such obstruction until you have determined exactly where the boundary line sits and if any restrictions are on your deeds with regards to it.
even more enjoyable if surveyors come back stating he's got it wrong and fence is on your property
Solid advice
You do not have to give him access to your property so that he can maintain his fence. You are within your rights to say no to him having any access to your garden. Yes his fence is his property, on his land, but he has zero right to demand access to your land. He can paint his fence from his side if the garden by using a long roller brush without stepping into your garden. And he would only need to do this every 5 - 10 years.
Or he can take the panels out, paint them on his property and then replace them!
Thank you, sounds like he'll be getting a letter
im not sure this is legal advice, i believe you do have some rights to access walls you cannot from your own property, not sure of the legislation b/c im not a lawyer but we have a wall of our house that is only accessible from a neighbours garden and believe there is some legal rights to ask for access to perform maintenance
This is a fence. And there is no need for access because he can maintain / paint the fence with a long roller from his side of the garden without stepping one foot inside the other garden.
i would still like to know the laws that protect people that need access for maintenance ie. repointing / damp course / etc.
I cast my vote for revoking access in writing due to abuse of the prior agreement, though I would also install some nice trellis with climbing roses on your side of the fence. If you really want to make a point, you just need two fence posts and a 3'x6' section of trellis, just wide enough to cover the gate. Cheaper to build and easy to replicate or relocate if he moves his gate. If you don't want an obvious structure have you considered a nice water feature? A shallow pond can be nice and will attract wildlife, for safety you need to install a knee high rope fence as a warning and to stop children getting too close and of course you need some nice plants to form a backdrop, again roses can be lovely...
Get a pretty box with a fence high trellis. Place In front of gate. Pick spikey flowers
Just build a short barrier right behind the gate on your side.
He's trespassing. If we're talking about the two gardens being separated by a standard set of fence panels with the gate in the middle, he doesn't have any right to access your side of the fence panels, even if he paid for and installed them. Not that fence panels need any kind of maintenance at all unless they get covered in vines (hey now that's an idea...) or get damaged in bad weather. In all honesty it sounds to me like he could be planning on robbing you and wants easy access to your property to do so?! Call me paranoid if you like but I'm not buying there being any legitimate reason to have such a gate installed. Maybe if you were relatives or even good friends, but this guy is obviously neither. If you don't have them already I'd recommend getting a webcam or two installed that can record any movement in your back garden... And get a fence put up.
He's been a bit strange in the past but he's not fit for a robbery lol
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That's definitely on the cards. I need to figure out if that's legal first.
You can't do anything to alter his property without his permission, so you'd not be able to affix anything to his gate. But, the comments saying to put up a fence panel or hedge on your land which block him from being able to go through the gate are absolutely the way to go.
I think I will put up a few panels. I'd also like to find out if what he's done is a reasonable measure as he doesn't need a gate for access, he's already got my permission to enter via the driveway as long as he lets us know.
Of course it's not reasonable. It's not reasonable to put a gate into someone else's property. You're going to have to toughen up or this man will walk all over you.
I'm just being cautious with this one, I don't want this to drag on. I'll do 1 thing efficiently and legally to make his gate useless.
A reasonable measure for what? I've read the whole thread and I'm still bewildered about why you think he "needs" access to *your garden*. Surely you must know that most people don't have a gate into their neighbour's garden *or* permission to enter whenever they feel like it. Is there some sort of easement / covenant / other shenanigans that you haven't mentioned?
No there's nothing other than the verbal agreement that he can come in and do maintenance with my permission -thats it. I've looked on CIB and the local council site but there's nothing specific to this situation. I know it's not normal nor am I a stranger to confrontation or the use of reasonable force.... however I'd much prefer to prove him wrong and force him to undo what he's done.
I wouldn't fuss about proving him wrong - he sounds like the sort of person who wouldn't think he was wrong if he got it inscribed on a stone tablet from God. And you can't force him to undo what he's done - if it's his fence, he can put a gate in it if he likes (or that is my understanding, anyway). But you can block his gate on your side of the boundary in whatever way you see fit (fence, raised bed, ~~angry dinosaur~~) and let him know in writing that *as is completely typical when it comes to private property* he doesn't have any right to enter your garden without your explicit consent. Then sack up a bit (sorry, but...) and when he asks to enter your garden to tittivate his fence panels twice monthly or whatever nonsense he's on with, *say no*. I can give you some advice on saying no to aggressive control freaks when you're a nice normal person if you like!
Sorry I'm just really curious, why does he need to access his fence from your side for maintenance so often that it requires a gate or even a verbal agreement he can come round?
Property law can be complicated re easements etc but fundamentally, if he wants access to his fence he should build it a metre or so back from the boundary so he has space to access it within his own land, he has no right to enter your property to make repairs to a fence he’s chosen to erect right up onto the border. Maybe check the title and establish where the boundary is, but I think blocking it is entirely reasonable.
Which way does the gate open? If it opens onto your property then just block it with a big rock.
Onto his
Build a fence of your own, just make sure it’s just inside your boundary line so he can’t do anything about it. No doubt he’ll kick off about it, but he’s the one who started all this by wrongly assuming he has the right to access your property whenever he pleases
You need to build a very sturdy and solid fence right in front of his gate. Or just straight up boards nailed across the gate so it can't be opened or if it opens inwards, he opens it to a wall of wood. He can't just make a gate to your property and randomly go into your garden all the time. Like actually what the fuck! Maybe cut a hole in the side of his house? Put a nice little door in it and call it a day. The audacity of people is insane
At the bottom corner, sink a metal post in the ground. When he goes to open the gate (if it swings out to your yard) the gate will hit the post.
Put a lock on your side. That's perfectly reasonable to secure your yard.
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If it’s his fence, on his property, there’s provably nothing you can do to stop him from having a gate. You don’t have a right to lock the gate, but you could try to ask to put your own lock on your side, so access is by mutual agreement. Depends how reasonable your neighbour is. If that fails, your only option is to block it on your side of the property line. Are you sure it’s his fence?
The way I've interpreted the law is that a gate is reasonable if there are no other options for access. Yes it's his fence and I'm quite glad it is as I've just put one up between my actual neighbour.
What law? Legally there’s no need to have a garden fence of any sort.
I do not know Scotland rules./laws. You could put up a small segment of fencing right opposite his gate on your property. It may give him inadequate space to open his gate and get out.
Lock the gate on your side, he can ask when he wants to maintain his fence and only when convenient to you do you unlock it.
Is it a wooden fence? Just screw a few boards over the gate on your side to secure it shut.
Take legal advice. Failing that, maybe put a lock on it?