neighbor's gate on our shared walkway

[Dressy1]

What is the name of your state (only U.S. law)? IL

1. We bought a house that was vacant for a while and on one of the side there is a gate attached to our wall.
I did not like the gate when we we buying the house, but the neighbors reassured me we can access the wall whenever we like. But now the owner refuses to give me the key saying that he does not trust me since he does not know me.
He told me to ask one of his tenants to open the gate for me whenever I need it.

I do not like the idea of asking for permission every time I have to get in. It is very inconvenient. I need to do a lot of work on the wall and I want to be able to clean my gutters any time I need.

Also I am worried about our property and property value if I leave things like that.

Our house does not sit on the property line. We saw the survey. There is 12 inches of our space next to the wall. But they blocked us from the property we own next to our wall by putting a gate. Also they blocked us from the walkway by their front yard fence. I am worried over the time they may just claim the posession of the entire walkway. And also leaving the gate there may be treated as my concent to have it there.

Other facts: the owner currently resides elswhere, but has a homeowner tax exemption on that property and formally is the resident. But he wants me to deal with the "nonexistent" tenant instead. He refused to give me his phone or e-mail for contacting him. He resides in Indiana and sais "I do not want to be bothered".

So we bought the house and the gate was attached to our wall. But we do not have the key to access the wall. The gutters of this neighbore overflood like hell during recent storms, they are dirty, I can see stuff growing in them from our finished attick window. He refuses to fix them, saying "they are fine".

Here is another fact. That gate can be actually forced to open with a little bit of muscle without a key. Should I just do that whenever I want to get to my property?

Now here is the question. Can I just notify them formally that I need access to the wall for a month for instance, and then, if he does not reply, I just go there whenever I need with my contractor guys to take care of the wall and gutters?
Another thing, in the course of maintnance, shoud I just take the skrews from our wall that hold their gate in place and just leave the gate standing there?
The reason I do not like the gate, again, is that affects the value of my property , I think.

I m very upset about the whole thing. The neighbore is very rude, and looks down on us, since he things we "got a reall good deal for that property, and he has been taking care of it while it was vacant, and we are nobody and he has been landlording his house forever..."
I am upset, I had to take all that humiliation in order to figure something out in a friendly way but it did not work.

 

[154NH773]

Entirely too much extraneous information. The point is; you are being blocked from access to your property by a gate that is attached to your own house. Is that correct?
You need a survey of your property so you know exactly where the property lines are. Any obstruction placed on your property may be removed. If it is connected to your house, then I would believe it belongs to you. If it is set on the neighbor's property, then you should notify him to remove it, and if he doesn't, then remove it without destroying it and leave it for him.
If the property on that side of your house is too narrow to work on your wall and gutters without trespassing on his property, then you will have to do additional research to find out what your legal means are to maintain your house on that side.

 

[csi7]

Get the survey done with the easements shown as well.
Take pictures of the disputed area from all directions.
Take pictures of the entire area that show your problem.

After you find out exactly where the property line is, then the suggestions provided by the poster above will be the simple solution to the issue.

You can go on-line to the property appraiser's office to find the mailing address for the actual property owner if your area has on-line access to the property appraiser's office.

 

[Dressy1]

We had the survey.
The wall of my house is not a boundary. There is about 12 inches of space next to the wall that belongs to me.
I am not sure what to do, since the property actually belongs to me, but he blocked it before I bough the house.

I asked the neighbore to remove the gate screwed to the wall of my house directly but they said: since you bought this house and the gate was there when you bought it, you agreed to have it. So they refuse to take the gate down. I guess he is hoping to get a prescriptive easement on that part of our wall where the gate is attached. I am not sure thought that a prescriptive easement can be warranted on a wall, not on a piece of land.

I also do not like this gate attached to our wall since it causes a lot of noise and banging heard everywhere in our house.
This morning I woke up from this banging, even though I sleep upstairs.

 

[Zigner]

If somebody had something attached to MY wall, and refused to take it down after repeated requests, I would be out there with a screwdriver post-haste.

 

[Dressy1]

If somebody had something attached to MY wall, and refused to take it down after repeated requests, I would be out there with a screwdriver post-haste.

Thank you Zigner.
That's what I would have done without any hezitation if they put the gate after I bought the house, but the gate was there before I bought it.

I read somewhere that once I am a new owner and not object to the gate I silently give them my concent.

 

[LdiJ]

Thank you Zigner.
That's what I would have done without any hezitation if they put the gate after I bought the house, but the gate was there before I bought it.

I read somewhere that once I am a new owner and not object to the gate I silently give them my concent.

But you do object to the gate...you did not give your concent.

 

[csi7]

The wall is on your property. You can remove the gate without any problem. You can also remove the fence as well. I would put the fence on or closer to the property line so you can have the use of your property in full.
I would send the neighbor a certified letter stating you have a problem with the gate on YOUR property and that it has been removed so you have access to YOUR property.

 

[Dressy1]

But you do object to the gate...you did not give your concent.

Yes, but I was thinking that I should provide some kind of evidence of my objection. Some sources say that as much as filing lawsuite claim is necessary.

I have another idea. If I actually enter the walkway without their permission and they call the police, then I will have a good evidence that they are blocking me from my property. I doubt that the police will actually arrest me.

What do yo think?

 

[Dressy1]

I would send the neighbor a certified letter stating you have a problem with the gate on YOUR property and that it has been removed so you have access to YOUR property.

Yes, that is what I planning to do. Thank you for your input.

 

[drewguy]

We had the survey.
The wall of my house is not a boundary. There is about 12 inches of space next to the wall that belongs to me.
I am not sure what to do, since the property actually belongs to me, but he blocked it before I bough the house.

I asked the neighbore to remove the gate screwed to the wall of my house directly but they said: since you bought this house and the gate was there when you bought it, you agreed to have it. So they refuse to take the gate down. I guess he is hoping to get a prescriptive easement on that part of our wall where the gate is attached. I am not sure thought that a prescriptive easement can be warranted on a wall, not on a piece of land.

I also do not like this gate attached to our wall since it causes a lot of noise and banging heard everywhere in our house.
This morning I woke up from this banging, even though I sleep upstairs.

If the previous owner agreed, unless the neighbor has a lease committing to it for some length of time, you can revoke the permission whenever you want. You should give him some period for removal (say 30 days) to be reasonable.

Since the neighbor is claiming you agreed to have it there, then you should accept his view because if you agreed then there's no adverse possession. Tell him that if the previous neighbor or you agreed to it, you've changed your mind and want (a) a key to gain access or (b) for him to remove it.

 

[Dressy1]

Since the neighbor is claiming you agreed to have it there, then you should accept his view because if you agreed then there's no adverse possession. Tell him that if the previous neighbor or you agreed to it, you've changed your mind and want (a) a key to gain access or (b) for him to remove it.

I doubt he would sign any easement agreement, so that my "permission" be duly registered. What he insists on, is I silently gave my concent by buying the house with the gate like that. He sais it is too late now to object to it. He sais I should have objected BEFORE buying the house.

But I see now that he is wrong.
Thank you for your post. I very much appreciate it.

 

[drewguy]

You don't need a signed easement agreement (nor does he). You could give a neighbor permission to, say, use your driveway and, if he did for years and years, he could not claim adverse possession.

My point is simply that he's claiming that you and the previous owner agreed to allow it. That's fine. You can always change your mind, and because it was by agreement (implicit) he can't claim adverse possession.

Bottom line: His claim that you bought the house that way has little legal merit.