Boundary dispute

becca0417

Can anyone tell me if my new neighbour wants to put a fence up right in front of my garage door which would prevent me from accessing the garage and also prevent me from opening my passenger door on my car as it would go to the fence, can he do this? It is stopping our access.
Thanks

bobhawke

You would have to dig out the deeds of the house and see where the boundary of the property is.

If it blocks the passenger door being opened you could have some argument there about disabled access.

becca0417

Thanks. It is a right pain as it would mean I couldn't get shopping etc out on my own drive!!!!

Colin_London

becca0417 wrote: »

Can anyone tell me if my new neighbour wants to put a fence up right in front of my garage door which would prevent me from accessing the garage and also prevent me from opening my passenger door on my car as it would go to the fence, can he do this? It is stopping our access.
Thanks

Sorry Becca, there must be a bit more to it than that.

I assume you are not disputing that the fence will be on the correct boundary. If so, how do you get the car into the garage at the moment. Do you have to drive over your neighbours property or is it a shared driveway?

If it is a shared driveway then you may well have a case, because although the neighbour may own haldf the drive, they can't impede access to the other half.

You need to check in your deeds.

If it is not a shared driveway, then I can't understand how your garage access is going to be impeded, as one would assume that the garage should not have been built in the position it is in the first place.....

Penny_Farthing_2

Sometimes they are, though, Colin. My drive isn't shared but there's no way my neighbours could get their car into their garage without edging onto our drive. Several driveway companies who gave us quotes said they wouldn't get planning permission for it these days. If I wanted to put a fence up, they'd be stuck.

I'm assuming the OP's drive could be triangular with the garage near one of the 'points'.

becca0417

It's a little complicated as the garage door opens out funny we think it may be our boundary but can't check yet as land registry site is closed!! It is more my car door opening that is the problem.

ormus

as long as the fence is on his property, there is nowt you can do.
he can have a 6ft fence without any PP. you have no right to his property "space" just so you can open your car door.

drive the car into your driveway, the other way, ie reverse it in.

(assuming no shared drive/access rights etc...).

iamcornholio

The neighbour can do what he wants with regards to a fence or wall on the boundary, as long as it does not cross the boundary.

The fact that you have a problem with a car door is irrelevent .... if a different person owned the property then he may have a motorbike or no car at all and so the fence would not be an issue. So strictly, the problem is personal to you, and unfortunately it's one of those things which you will have to adapt to .... eg move the car away before the passenger gets in

becca0417

OK thanks for all your help. Have found that it is actually our land so he cannot put the fence up anyway.
Thanks for all your replies