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QLD Gate Between Private Properties

Discussion in 'Property Law Forum' started by WendyT, 27 August 2014.

  1. WendyT

    WendyT Active Member

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    When we moved here thirty years ago, there was a small wooden gate between our five acre property and our neighbour's five acre property. I have horses on mine. They leave their front gate open onto a busy road. If my horses got through onto their property, they would get straight out onto the road. The latch is not very secure, just a bit of timber which slides about half an inch into a notch on the post. Over the years I have tied it up with rope, which has been continually removed. Finally in exasperation I put a chain and padlock on the gate. My neighbour abused me, saying it was their gate. I would like to know for sure that I am within my rights to padlock the gate. Surely there is no need for them to have access to my property. Thank you
     
  2. Rod

    Rod Well-Known Member

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    Are the neighbours approachable?
     
  3. WendyT

    WendyT Active Member

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    Well, we have always been civil, but not close friends. They are rather cranky. Have abused me before for having too many trees ( I have a very small number of trees compared to their property), for not having enough trees, because my horses were standing in the sun, (horses have plenty of shade, can stand where they want), the horses were standing too close to their fence, they didn't like one of my trees, which was about ten feet inside my boundary, an Australian native, so they just came in and cut it down.........Didn't expect to be abused over the gate.......No, I guess you could say they are not really approachable. When they did get so angry about me locking the gate, I kept calm, apologized for offending them, explained I had not intended to do so, thanked them for being great neighbours all these years (!!!!).....Just would like to be sure I'm within my rights to lock a gate which is access from their property into my private property. Thanks in advance for any advice offered......
     
  4. Rod

    Rod Well-Known Member

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    Hmm, not sure of the legal position wrt: locking gates between properties. Is there a fire escape issue here?

    Recommend though that you send them a letter explaining your reasons for locking the gate (ie keeping your horses on your property). Say you want to prevent damage to their property if the horses get out onto their property, and you do not want them to be legally responsible if the horses exit through their property and cause damage elsewhere. Mention that you have your own legal obligations to ensure the horses are adequately fenced in and that you believe the gate needs to be either upgraded or locked to prevent their escape. Possibly mention that if they would like to indemnify you against any damage the horses may cause if they escape through the gate, then you could leave the gate as it was.
     
  5. WendyT

    WendyT Active Member

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    Thanks so much for that good advice Rod. Actually I've already told them all that. They are both five acre properties, no fire issues. As far as I am able to ascertain, there is no sort of legal requirement for a gate between our private properties. They just like to be able to have access to my place.......I'm pretty sure if I just walked onto their place anytime I felt like it, they would not be pleased. I have never done so.
     
  6. WendyT

    WendyT Active Member

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    Thanks so much for your help, Rod. I'll take your good advice. Have been no further developments, so maybe will be OK.....I hope.....Thanks again (smiles)
     

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