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I looked at a house recently that faces east (I'll call it HOUSEFORSALE). Its large yard is mainly unfenced. However, down one looooong side is a newish wooden privacy fence put up by a neighbor (that house faces south, so the back of that house is what has that long new fence with a gate in it).
The gate is 8 feet wide and opens out onto the HOUSEFORSALE's property (onto a patch of lawn that is about 10 ft wide, and then the driveway on the other side of that).
The only way to use that large gate is to drive onto the HOUSEFORSALE's driveway and then cross its 10 ft wide patch of lawn.
The gate is an entrance into the corner of back yard of the neighbor's house.
Seller of HOUSEFORSALE said only, when I asked agent about the gate, that they had not given any permission for them to use their property to enter that gate and those people had never discussed it w/them.
So I called the owners of the gated fence. She said she and her hubby had spoken to the owners of the HOUSEFORSALE, when they installed the fence, to let them know about the gate and what it was for. She told me that they have an 8 ft gate in the front of the yard, too, and that is the one that's used. They put in the big gate in the back yard to use for emergencies. She said they had used it only once...to have propane tanks for gas installed or something.
Not a great situation, but as long as its not used regularly (like for a boat), I'm thinking it's not a big issue? Then again, what if new buyers of the neighbor house decide to use it regularly? Also, if someone uses it and gets injured, isn't that liability exposure for the HOUSEFORSALE?
If I were to buy the HOUSEFORSALE, I could plant shrubs in front of the gate. But that might make for bad neighbor relations.
An odd situation. Has anyone ever encountered this? Any thoughts on the liability aspect, or otherwise?
Location: Finally the house is done and we are in Port St. Lucie!
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We are building on a lot that has a chain link fence, separating the back property from ours, and there is a gate with a padlock on it.
I don't see it as an issue. Maybe they installed it just in case someone bought the property and they liked them and would make it easier for them to visit the new neighbors? Hopefully we can be those neighbors
I am not worrying about it. Their fence, they can place a gate anywhere they chose. Whether they actually come onto our property? If that issue comes up ever, we will deal with it then.
OP: if you like the place, don't worry so much about the gate. It will only be a concern if they actually use it all the time. If that does happen, you are the property owner to which they will be trespassing onto and deal with it then.
If you can't help but worry about what might happen down the road, pass on the place.
I tend to not worry about things until such time as there is something to worry about.
We are building on a lot that has a chain link fence, separating the back property from ours, and there is a gate with a padlock on it.
I don't see it as an issue. Maybe they installed it just in case someone bought the property and they liked them and would make it easier for them to visit the new neighbors? Hopefully we can be those neighbors
I am not worrying about it. Their fence, they can place a gate anywhere they chose. Whether they actually come onto our property? If that issue comes up ever, we will deal with it then.
OP: if you like the place, don't worry so much about the gate. It will only be a concern if they actually use it all the time. If that does happen, you are the property owner to which they will be trespassing onto and deal with it then.
If you can't help but worry about what might happen down the road, pass on the place.
I tend to not worry about things until such time as there is something to worry about.
And, if needed, an oak tree or a nice sturdy stand of holly bushes in the gate swing arc might nicely accessorize the grassy lawn area.
Location: Finally the house is done and we are in Port St. Lucie!
3,488 posts, read 3,335,073 times
Reputation: 9913
Quote:
Originally Posted by MikeJaquish
And, if needed, an oak tree or a nice sturdy stand of holly bushes in the gate swing arc might nicely accessorize the grassy lawn area.
Hahahahaha! I think I will leave that area accessible, at least until we find out whether or not the neighbors are friendly
If the unfriendly sort, we will plant another areca palm in front of the gate. We are planning on lining the whole back with those. They create a beautiful privacy fence and it will keep prying eyes off of our pool area.
They have a pool also but they don't have privacy plants. But then, why should they? They've had an overgrown lot in their backyard, basically, for years.
If I were them, I would wait until I found out what the new neighbors were going to do before shelling out bucks to plant more things to create privacy.
What difference does it make WHICH WAY the gate opens? The point is it's an ingress onto another person's/homeowner's property.
IF, IF the new owner of the house the gate opens onto, puts his OWN fence on his side of the property line the other owner's gate would then:
1) open into his fence, and actually the gate couldn't be opened because it would be blocked and swing into the fence….opening how much….six inches???
2) So even IF the gate did swing open toward and into the gate owner's side -- sure he could open it all the way -- but it would open and you'd be facing a fence.
IF, I bought the unfenced property, I'd fence off that gate.
1) I'd just want my property fenced, 2) I don't want my neighbor having an ingress onto my property.
Would it make for a bad neighbor relationship? That depends on the gate owner……who has a gate in the front of his property, big your tanks in that way.
Hahahahaha! I think I will leave that area accessible, at least until we find out whether or not the neighbors are friendly
If the unfriendly sort, we will plant another areca palm in front of the gate. We are planning on lining the whole back with those. They create a beautiful privacy fence and it will keep prying eyes off of our pool area.
They have a pool also but they don't have privacy plants. But then, why should they? They've had an overgrown lot in their backyard, basically, for years.
If I were them, I would wait until I found out what the new neighbors were going to do before shelling out bucks to plant more things to create privacy.
Yep.
Learn how good a neighbor you will have, and how good a neighbor you want to be yourself.
We routinely see folks finding reasons to deny themselves what they say they want.
Mountains vs. Molehills....
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