"Activate not on dock/menubar" prevents triggering on top part of the screen

I have a trigger of the touchpad for emulating middle click on three finger pressing/taping. I use this a lot to close tabs of my favourite chromium base browser.
If I change that trigger to "Activate not on dock/menubar", and the browser is fullscreen, then it gets unresponsive in the top part of the screen (the part where the menubar would be if it were not on fullscreen mode).