Fence dilemma with neighbours

ic

I'd agree with others - you can't block your neighbours access by building a fence down the middle of it - full stop, don't consider it.

I'm guessing you perhaps have a side door to the drive which is your main access to the back garden via the driveway? Hence you want to fence from the side along the middle of the drive to the middle of the garages.

Suggest fitting gates at the front of the drive between the two houses across the drive (this benefits you both in terms of security, but still allows access to the garages), and then fit another gate+fence between the back of your house and your garage to give you privacy when in the back garden.

You can't force your neighbour to do the same on her side, so won't be able to leave your toddler to roam the driveway, unless she's happy for your toddler to roam into her garden as well as yours. You also can't force your neighbour to have gates at the front of the house either - you only have choice on the land that is yours and not shared.

sweaty_betty

This is a difficult one as I understand your reasons for wanting to contain your toddler.

I remember a very similar situation with neighbours a few years ago. Two elderly neighbours had a shared drive, they both used it to access their garages, where they stored their respective cars, for a number of years.

One neighbour died and their house was sold, the new neighbour carried on with this arrangement. However when the other elderly neighbour died the house was bought by a developer who checked all the paperwork and found that the majority of the "shared" drive belonged to him, so erected a fence on the boundary (creating a drive for himself and a narrow-ish pathway for the neighbour). I believe the new neighbour who had lost their driveway looked into appealing this, but got nowhere and the fence is still up.

So, I'd start by checking the paperwork to see how you stand legally. However, good relations with neighbours is so important so I'd urge you to try to find a solution which will work for both of you (the large gate over the entrance to the driveways is a good one IMO).

Good luck.

warehouse

Hi Belle, I see you've already been hung drawn and quartered by the very judgemental folk on here. Pathetic as always.

OK, you've come looking for ideas, and my Mother in Laws house has this exact scenario. What she had done was had a fence and gate installed from the corner of her house to the point where the garages connect. It is slightly offset to give the neighbour room to manouver his car in and out of the garage. It works, it's secure and both are happy with it.

Let us know what you decide to do.

antrobus

Belle24 wrote: »

.... Ultimately we are perfectly entitled to put up a fence...

Ultimately you may not be entitled to block your neighbour's access to their garage. It may be that your neighbour has an express right of way over your land, or it may be that your neighbour has acquired a right of way over your land acquired by virtue of long use.

Belle24 wrote: »

.... Thoughts- softly softly or man up and get it done?..

Get legal advice first before you do anything. Otherwise it could be very expensive for you.

antrobus

warehouse wrote: »

Hi Belle, I see you've already been hung drawn and quartered by the very judgemental folk on here. Pathetic as always.....

On the other hand the OP does stae that "our neighbour will not be able to use her garage". I'm not sure how any of the responses here can be regarded as "judgemental" simply because they take the OP at their word.

If, like your MIL, the OP sticks up a fence that doesn't interfere with their neighbour's access then there isn't an issue is there? But then that's not the question being asked is it?

societys_child

Belle24 wrote: »

Ultimately we are perfectly entitled to put up a fence

Are you Certain? Have you checked the deeds?

the majority of houses on the street already have,

Depending on the deeds this could be irrelevant .

Mojisola

societys_child wrote: »

Are you Certain? Have you checked the deeds?

You also need to check the neighbour's deeds. A right of way is sometimes only written into the deeds of the property which benefits from it.

And even if there isn't a ROW in the deeds, it sounds likely that the neighbour has gained an easement over your land (as you have over hers).

Prothet_of_Doom

I live in a street with shared driveways between all houses. I think I am the only person who uses their garage. My deeds make it quite clear which bits my neighbour has right of access over, and vice versa.

I suggest a gate at the front of the drives, from one house to the other, meaning that people from both back gardens can share the shared driveway, but not get into the front gardens without opening the gate's.

Future resale value might be impacted if you no longer had access to a garage BTW.

Mojisola

Prothet_of_Doom wrote: »

I live in a street with shared driveways between all houses. I think I am the only person who uses their garage. My deeds make it quite clear which bits my neighbour has right of access over, and vice versa.

I suggest a gate at the front of the drives, from one house to the other, meaning that people from both back gardens can share the shared driveway, but not get into the front gardens without opening the gate's.

Future resale value might be impacted if you no longer had access to a garage BTW.

This can work if both neighbours stick to it but the neighbours (and any visitors or workmen coming to the house) who have a ROW over your land aren't under any obligation to close the gate after them.

If it was my child I wanted to keep safe, I would prefer a method that I didn't have to keep checking in case someone had left a gate open.

Belle24

All comments appreciated thank you, clearly us checking the deeds and where we stand legally will be first point of call.
Yes we do have a side door with access to the kitchen so both suggestions of a shared gate across both drives and a fence from the corner of the property to the garage are feasible. Priority is making the rear of the property secure in some way but as we plan on staying here for a good number of years yet so is maintaining good neighbourly relations.
Thanks all.