Boundary Dispute - Neighbour wont let me put a fence on MY land

Bambi0895

Hi all,

I am wondering whether anyone can give me any advice on the above!

Basically we have bought a house on a bit of a corner. We own both the house and the whole back garden/yard. There are 4 houses that sort of adjoin onto the garden, and they have 'hanging rights' and access rights. My solicitor did tell us this when we bought it, but as we only wanted to fence of a section, and leave their access open, we didnt think that putting a fence up was an issue.

The landlord of two of the adjoining houses, decided to come and tell us that we 'couldnt put a fence up' because they have hanging rights. In the deeds it says they have the right to put up a line from next doors garage over our garden and attach to their property, so basically just across the width of our garden. I assumed that as long as we leave access ie an unlocked gate, that that is still access to their hanging rights?!

They will have access to their back doors anyway as this will not be fenced in.

I would be really grateful if anyone could advise me on this, as i have done my best to work it out. I have sent them a letter with my understanding of the deeds, and asked them to point out where it says i cant! But i am no solicitor and want to avoid paying £500 in litigation fees if i can!

Thank you,

Lauren

PasturesNew

If it is unlocked, so they can still exercise their hanging rights, then theoretically that should be OK. However, if you're "man enough" to put up a fence, then it's a small step from that to sticking a bolt on the gate once you feel you've achieved a fait accompli. So they are probably suspicious of your ultimate motivations. Also, once the fence is established, what's to stop the next owner sticking a bolt on the gate.

jjlandlord

PasturesNew wrote: »

Also, once the fence is established, what's to stop the next owner sticking a bolt on the gate.

The hanging and access right?

Bambi0895

Hi!

Thank you for your reply!

Thats what i thought, however this land lord seems to own half my street so i dont want to upset him, however i also dont want his tenants dumping rubbish in my garden!

I suppose he doesnt know whether i dare put a bolt on it, but surely i could sign something to say i wont?!

As for the next person i suppose i would have to have it written in the contract somewhere?

I am new to all this so dont have a clue what my rights are, nothing about having to have an open plan garden was written in my contract :-(

jjlandlord

Bambi0895 wrote: »

I suppose he doesnt know whether i dare put a bolt on it, but surely i could sign something to say i wont?!

As for the next person i suppose i would have to have it written in the contract somewhere?

They already have a right. There is nothing more to do.

Bambi0895

jjlandlord wrote: »

They already have a right. There is nothing more to do.

i'm not entirely sure what you mean by that?

i'm happy for them to come in through the gate and hang their washing so is that not technically still access?

PasturesNew

jjlandlord wrote: »

The hanging and access right?

I meant what'd stop them just doing it - and arguing the toss for months/years afterwards with the neighbours. Not just doing it and being allowed to.

PasturesNew

Bambi0895 wrote: »

i'm not entirely sure what you mean by that?

i'm happy for them to come in through the gate and hang their washing so is that not technically still access?

It is a bit offputting - and daunting - and embarrassing - and one wouldn't feel that sense of "freedom" that not having the fence would give. I'd feel pretty awful opening your gate to hang my knickers if you were sitting there, behind the fence, entertaining 2 vicars, 2 local mums, 4 toddlers and 3 dogs that were running wild because there's a fence.

jjlandlord

Bambi0895 wrote: »

i'm not entirely sure what you mean by that?

I mean that the right they have already prevent you and the next owners to put a bolt on any gate therefore it is redundant to pledge that you won't: You already have.

Bambi0895

i just cant see what the issue is if i signed something saying i wouldnt lock it!

i'm practically giving them half my land anyway, as well as rights to hang their washing in my garden (which they wont! previous owner said they had not exercised rights in the 5 years she lived there)

Bambi0895

PasturesNew wrote: »

It is a bit offputting - and daunting - and embarrassing - and one wouldn't feel that sense of "freedom" that not having the fence would give. I'd feel pretty awful opening your gate to hang my knickers if you were sitting there, behind the fence, entertaining 2 vicars, 2 local mums, 4 toddlers and 3 dogs that were running wild because there's a fence.

yeah i see what you are saying, it would be embarrassing. It makes my land totally and utterly useless. Its totally open to the back street meaning its just a dumping ground for the street now, its useless to me and them! id rather hang my washing in a fenced area than in a yard that's open to the street!

Have i no rights considering my solictor never mentioned such restrictions?