Gate from neighbour into my land

Discussion in 'Legal Issues' started by 30215, 13th Feb, 2021.

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  1. 30215

    30215 Well-Known Member

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    There is a small pedestrian gate from my neighbours onto my land.
    Would this be a problem legally if I were to be absent and neighbours entering my block when I am absent.
    Adverse possession etc
     
  2. Ryan23

    Ryan23 Well-Known Member

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    How long are you planning to be absent from your property?
     
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  3. jaybean

    jaybean Well-Known Member

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    This is how WW2 started. Someone left the gates open and Germany took the opportunity. If your neighbor has a bad mustache, be on the lookout.
     
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  4. 30215

    30215 Well-Known Member

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    We could be away a year
     
  5. qak

    qak Well-Known Member

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    Does the gate open your onto your land or in the other direction?
    You can block it, lock it, or seal it up.
     
  6. Piston_Broke

    Piston_Broke Well-Known Member

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    You can put a lock on your side
     
  7. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Its not a right of way or any such legal impediment ? Just a gate ? Remove it, replace it, lock it, grow plants over it. Its your fence.
    Adverse possession wont occur with a gate. That suggests each lot is fenced off from the other. However if the person continues to be given a right of access they could seek to assert your removal of access in some situations (eg they have no other access). They may also be a concerned as you. Have a chat and ask if they mind you closing up the access.