Hi All, my query is about a Party Wall/Gate between two fields in different ownership.
When my father bought some farm land over 30 yrs ago the man he bought it from told him that he had given permission to a neighbour to enter from the neighbours field and cross one of his fields in order to gain access out on to a public path, for the purposes of cutting and bringing out his hay only, there was no gate on either wall, so this involved the knocking and rebuilding of both their walls by the neighbour once a year. This access was by permission and is not on the title deed. My father had no problem with this and it has continued since my father bought the land.
My father rented this field for awhile and the person renting it asked if he could put up a gate from the filed on to the public path, my father had no objection and he also paid for the gate. When this happened the neighbour who had permission to come through took down the party wall between his and my father’s field and stuck a gate and bushes in the opening, the gate was never hung, my father didn’t object.
My father is again using his field and has had problems with the gate being left open and stock getting out on to the public path, he put on 2 locks but they were cut, so he decided to remove the gate and rebuild the wall again. He has also rebuilt the wall between himself and the neighbour who had put (but not hung) a gate in the party wall between them. This means that the neighbour has to go back to knocking 2 walls to get his hay out; my father explained to the neighbour that it was for security purposes and he was not stopping him using the access, but it was going back to way it used to be i.e. knocking the walls. The gate was up for 8 years.
This week my father has discovered that the neighbour has again knocked part of the party wall, has sunk 2 posts in concrete and has this time hung his gate between the 2 fields. He still has to knock the wall in my father’s field to get out to the public path.
My question is, Can he do this to the party wall without my father’s permission and can my father take it down and rebuild the wall?
Any suggestions greatly appreciated.
When my father bought some farm land over 30 yrs ago the man he bought it from told him that he had given permission to a neighbour to enter from the neighbours field and cross one of his fields in order to gain access out on to a public path, for the purposes of cutting and bringing out his hay only, there was no gate on either wall, so this involved the knocking and rebuilding of both their walls by the neighbour once a year. This access was by permission and is not on the title deed. My father had no problem with this and it has continued since my father bought the land.
My father rented this field for awhile and the person renting it asked if he could put up a gate from the filed on to the public path, my father had no objection and he also paid for the gate. When this happened the neighbour who had permission to come through took down the party wall between his and my father’s field and stuck a gate and bushes in the opening, the gate was never hung, my father didn’t object.
My father is again using his field and has had problems with the gate being left open and stock getting out on to the public path, he put on 2 locks but they were cut, so he decided to remove the gate and rebuild the wall again. He has also rebuilt the wall between himself and the neighbour who had put (but not hung) a gate in the party wall between them. This means that the neighbour has to go back to knocking 2 walls to get his hay out; my father explained to the neighbour that it was for security purposes and he was not stopping him using the access, but it was going back to way it used to be i.e. knocking the walls. The gate was up for 8 years.
This week my father has discovered that the neighbour has again knocked part of the party wall, has sunk 2 posts in concrete and has this time hung his gate between the 2 fields. He still has to knock the wall in my father’s field to get out to the public path.
My question is, Can he do this to the party wall without my father’s permission and can my father take it down and rebuild the wall?
Any suggestions greatly appreciated.