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Given how close the fence is to your property and the neighbors obvious comfort with using someone else's property, I'd ask for a survey of the house your looking to buy so you know exactly where that fence is.
Or perhaps have them sign a lease to use the gate and limit it to maybe three times a year and with a week's notice and your permission. Charge them at least $1 per year to make it a legal lease. I'm not an attorney, but that may help establish that it is your property and you own control of it.
We own a house that has a fence with a pedestrian gate into it to the neighbor's property. That's because the previous owner and the neighbors were good friends and when we bought the place we just left it there. But, it's just a small gate for people, nothing big enough to get equipment through.
The neighbors wouldn't have put in an 8 foot gate if they didn't intend to use it. And the fact that the sellers allowed it most likely established implied consent for the neighbors to use it. I would ask the sellers to have the gate removed, and if they were unable to do so I'd walk.
This isn't exactly your situation, but I used to live in a house where the backyards backed up to vacant, undeveloped land. Neighbors on both sides had double wide gates leading to the vacant land. After we moved, the land was developed and now those gates would lead to the new neighbors' backyards. I wonder if the gates are still there.
So there's a large back yard mainly unfenced. What does mainly mean? I do realize one side is fenced with a gate in it. So is that the only fenced side?
Odd to fence one side. And to top it off, to put a gate in that fence.
I have known yards fenced so that friendly neighbors or the family member that lives next door can walk through without going out on the road, or can enjoy the daughter's pool or something.
Odd too that there's a gate. Is this gate metal then....or a wooden door looking like the fence? I guess it's wide to fit trucks through?
So these neighbors see the need for HOUSEFORSALE's driveway. And HOUSEFORSALE's yard.
Why can't they access the backyard from the front of the house?
Why did they decide to use HOUSEFORSALE's yard and driveway for emergencies and not the neighbors on the other side?
Kind of seems like you're not getting the full story from either house owners. How about calling the neighbor on the other side of fence/gate house. They may be the ones ready to reveal more.
See if you can access a gis map for the area that would include the survey and overlay for city/county/etc easements.
Contact the HOA if there is one and ask about any easement they have to HOUSEFORSALE's back yard.
Ask HOUSEFORSALE's owner for their most recent survey.
These could tell you some things as well before you invest in a survey of your own. You may decide to just skip the house.
One thing....if HOUSEFORSALE's neighbor has an ulterior motive, a deeper plan, and if there's already easements, there can be issues about your putting up poles or even landscaping.
The whole thing is too weird for me to want to move in such a house....I don't even want odd neighbors anymore....but these are ideas for you to look into for now.
Man, it's always something isn't it. However apparently small at first, however odd.
The neighbors wouldn't have put in an 8 foot gate if they didn't intend to use it. And the fact that the sellers allowed it most likely established implied consent for the neighbors to use it. I would ask the sellers to have the gate removed, and if they were unable to do so I'd walk.
Or, if they refuse to remove the gate, put bollards (posts) directly in front of the gate - on your property - so that the gate cannot be opened onto your property
Last edited by blktoptrvl; 10-19-2016 at 08:44 PM..
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