Fence dilemma with neighbours

Ionkontrol

Build a pen for the toddler. Job done.

I_have_spoken

I guess neighbour will be driven mad with two screaming kiddies, so blocking her garage would be the coupe de grâce!

pimento

Belle24 wrote: »

Her late husband always put the car in th garage so there is almost an element of sentimentality.

Are you for real? Don't try to justify this by saying that the woman parks in her garage for sentimental reasons. You have a house that has a shared drive. You must have known this when you bought it. You're bang out of order IMO.

Leif

warehouse wrote: »

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

I do agree with that comment, it is easy to pee on someone from the lofty heights of moral righteousness. But consideration for the neighbour is of course good for your own peace of mind, as you indicate.

By the way, my neighbour sometimes has kids (grandchildren) screaming in the garden and to be honest the sound of young kids enjoying themselves is not an issue for me, and I suspect for many others. Living in a small flat with poor sound proofing, and a baby upstairs crying loudly every day is a different issue. A few kids having fun is far preferable to a neighbour having a cat, which leaves little presents in other gardens i.e. not its owners.

tired_dad

There is no issue of being judgemental or doing anything from the lofty heights of moral righteousness.

The OP has asked a question. The OP's question suggests a degree of naivety about the law re rights of way/easements etc.

The initial advice given by several individuals is correct. Hopefully we have saved the OP a whole lot of trouble.

It is of some concern that the OP seems unaware of the shared drive implications. Any good solicitor/conveyancer would have specifically discussed this at the time of purchase.

keystone

OP just look at your title plan. It does not require you to consult a solicitor to do this. I suspect your houses look like this:



where the distance between the houses is only wide enough for a single car. More simply it looks like this:


where the blue line is the boundary between the two properties and the yellow area (which I've guessed about) is an area over which BOTH of you have Right Of Access (sorry Moj but it isn't a ROW) over each others land. So you can pass over your land within the yellow area to access her garage and you have the SAME right over her land. This should be clearly marked on your title plan. If it is like this I am afraid that under no circumstances do you "ultimately" have the right to fence the boundary.

What you are suggesting is shown here as the green line:

and that would infringe on your neighbours Right Of Access. One option you have would be to fence the red line but then you would be unable to use your own garage. Your best bet is to fence the blue line.

I am sorry that some posters have ben a little harsh with you but people only react to what they read your post could have been worded a lot better and I have to say it comes across as "me", "me", "me" and the bit about sentimentality is frankly sanctimonious.

Apologies for repeating what others have said. Its always easier to look at it with a pic in my mind.

Never mind it's water under the bridge. Your title plan will tell you.

Cheers

DaftyDuck

Well-put by keystone's hard work, with diagrams as well.

It really is a matter of what the deeds say. Belle24 could also put an aerial photo from Google or Bing maps, and that might help others see the layout. You might want to post the image rather than a link, to retain your anonymity.

There are some wily old folk on here, and an aerial view might help one of them come up with a novel solution.

Leif

If it is as per the drawings above, then you can't reasonably block the access to the garage next door, it is a feature of the garage that there is shared access. Surely they have earnt the right to access by using it for N years, even if it is not in the deeds.

Dimey

The minute I read your post I thought you can't fence off your neighbour's right of way over a shared drive. And neither could your neighbour.

If it's not as clear cut as Keystone's diagram, can you supply your own diagram (having checked your entry at The Land Registry)?

uk_messer

Ultimately we are perfectly entitled to put up a fence, the majority of houses on the street already have

Don't assume that because others have you're entitled. Others likely agreed to do this or the neighbour was absent or didn't complain when they did.

Get a solicitor to look at your house deeds and they will confirm. But then there's the issue of neighbourly relations. No chance of putting in some kind of gatepost which the neighbour could open and close?