[inmcdonalds]

Hi

We have a 4 acre field. It has a fence around it and 2 gates. The gates are rotten and falling to bits to some extent. They basically need replaced. The landowner for whom this is a mutual boundary fence is stating that he will pay 50% to replace the gates with just a fence. The reason, I expect, is cost, but his justification is is that he states there is no right of access across his land. Our deeds do state though that we retain rights to `use for the purpose of access to any part of the subjects...all existing roads and ways through any part of the whole lands of the estate (ie the bit owned by the neighbour).` Therefore I`m not sure he is justified in his reasoning.

The question is - regardless of the right of access question, does the neighbour have an obligation to contribute to a `like for like` replacement ie. replace the gate with a gate, or can they just put a fence in instead?

edit -we are in scotland.

[harmony]

If you have access then surely he must replace the gates? Are you a member of NFU or CLA? They would be able to help.

[bazzais]

I would have thought that if its you that wants access - you will have to pay the whole cost of a new gate and fitting it.

Your neighbours would be less likely to complain then if you did enforce your rights as in your deeds.

Mess them around - they might just stack a pile of big bales in the access to be a pita.

Gates are only around £50 and with the fixings and posts call it £75 + a days work.

I'd bite the biscuit - renew it myself just to stay on their good side.  You never know - when the fence falls down you may still then be on talking terms and get them to pay 50% of the fence line.

Dont fall out with neighbours - even though sometimes they can be a pain and have arms shorter than their pockets.

[bazzais]

Find what they drink - call over with a bottle of it and discuss it. - Always helps

[Me]

I drink Guiness, bring some over and discuss it with me instead

[inmcdonalds]

Thanks all. I suspect the path of least resistance is the best one. However I will drop him an email just to remind him for the future that we have access rights and see if he wants to reconsider. And if he still digs his heels in i will do it myself.

[Scotsdumpy]

You could put a pair of strainers in where the current gate stands then just fence over them. This would make it easier if you needed to add a gate in future. Thats what weve done albeit on our own land.

[Carse Goodlifers]

We have a shared fence with our farmer neighbour and it needs replacing. 
The deeds say a joint responsibility for replacing it but I know he wont pay for the job or in fact that he will insist that he does it and we'd end up paying more for the fence than if the contractor came in and did it.
So I've decided that we'll replace the fence (to the standard that I want) and we'll pay for it just to avoid any hassle or agro from him............life is too short.

You could put a pair of strainers in where the current gate stands then just fence over them. This would make it easier if you needed to add a gate in future. Thats what weve done albeit on our own land.

This is a good idea!

[inmcdonalds]

I see you are in the carse of gowrie like us. Wonder if we have the same farmer as a neighbour!!

[Carse Goodlifers]

I see you are in the carse of gowrie like us.......

I've sent you a pm.

[Penninehillbilly]

You could put a pair of strainers in where the current gate stands then just fence over them. This would make it easier if you needed to add a gate in future. Thats what weve done albeit on our own land.

careful you don't lose your right of access if YOU fence across?

[shygirl]

id replace it yourself and try v hard not to fall out with the neighbour. youl need him one day.
his help in retrieving your lifestock that has escaped into his field,or for clearing the roads when you are snowed in is worth much more than a couple of hundred pounds for a new gate.

[inmcdonalds]

Yes definitely not going to let him fence across as this would risk signalling we no longer have right of access.

Unfortunately he's not the kind of landowner who would help out with snowploughing or anything else, so I doubt I've got much to lose if I did pee him off.

[cloddopper]

Work on him , put him on the crimbo card list and pay for the gate & yourself.

I'm guessing that it would cost you a hell of a lot more to try and enforce legal obligations that supposedly go with a shared fence set up than you doing it yourself..( That certainly applies here in the rest of the UK ). Claim for the costs off your small holders tax liabilities if you have any .
 

[harmony]

Back to your actual question it should be like for like and I would certainly keep your gates if you want to keep your access rights.