Trespassing Dispute

Hoploz

I'm just wondering, are the buildings definitely garages? Could they be outbuildings which do not need vehicular access? If they aren't on the plans, are they finished enough to see they definitely have doors opening on to your communal ground?

I think it's odd that they are not on the plans. Is there a subsequent planning application for them? Or an amendment to the original planning permission? Have you spoken to the planning dept and made sure they are aware he is building something additional?

It's correct to say Planning have no interest in who owns land for access - near me a developer is gaining permission for an estate of houses in a land locked field, ie the only access is off a private road, the residents of which have no intention of giving permission for 50 houses to use their track. Planning said lack of access arrangement is not grounds for refusing permission to build the homes!

Mojisola

spidercrab wrote: »

We have garages at the bottom of our back gardens which lead on to a communal square garage area.

There are houses and garages on 3 sides of the square (we all own our houses). The garage area belongs to all of us and we are responsible for any repairs in the area like drainage and tarmac repairs.

However, on the fourth side of the square is a brick wall which is the boundary wall for a detached house and the wall belongs to them.

The builder who has bought the house has now knocked part of the wall down and intends to put two new garages up so obviously he intends to use our land without asking us for permission.

Put up a fence on your land which blocks the gap so that there is no access to the garages across your land?

beaker141

On the outbuildings - planning would be required I think if they are over 2.5m high - you mentioning they have a dormer would suggest a pitched roof which would generally exceed the 2.5m permitted development within a 1m of the boundary??

Ozzuk

you can't stop him building garages - you can complain if they don't meet PD but no guarantee he won't have a way around that. But you can stop him accessing your land - put a fence up. He'll either do nothing, damage your fence or approach you for access. Put the ball in his court.

PheoUK

Some very adversarial approaches here.

Presumably the builder is interested in gaining a right of access. You are interested in suitable upkeep and controls in place

So rather than saying No, couldn't you propose that appropriate deeds are drawn up at the builders expense to gain a right of access in return for a yearly maintenance fee or similar? This could also include other conditions such as not blocking the driveway, not using garages for business, etc

Mojisola

PheoUK wrote: »

Presumably the builder is interested in gaining a right of access. You are interested in suitable upkeep and controls in place

I think they want to keep the garage area private to the houses which currently have access.

dominoman

As Pheo says.

You hold all the cards here. If he does want to build garages, then that little square of land is very valuable. Without access rights he knows (or will soon know when you inform him) that he can't get in or out of the garages.

Don't get confrontational. You are in the power position. Perfectly reasonable to ask for a yearly fee that would go into a pot for the maintenance of that yard.

If he doesn't play ball, just build that cinderblock wall where his wall used to be. But it won't come to that.

TheCyclingProgrammer

I get the impression that OP and their neighbours aren't interested in allowing access for a fee, but merely want to keep access to themselves and use any extra space for parking.

Otherwise negotiating is a good idea, but if not a solicitors letter is the best course of action IMO. The next step would be to erect some kind of barrier (it doesn't have to be an expensive one initially).

k3lvc

PheoUK wrote: »

Some very adversarial approaches here.

Presumably the builder is interested in gaining a right of access. You are interested in suitable upkeep and controls in place

So rather than saying No, couldn't you propose that appropriate deeds are drawn up at the builders expense to gain a right of access in return for a yearly maintenance fee or similar? This could also include other conditions such as not blocking the driveway, not using garages for business, etc

Key issue to me here would be the 'controls in place' element. Presumably in order to enforce anything/request payment then a Management company would have to be set up to enforce.


Unless the outcome of negotiations would result in the current users retaining all their rights (i.e not losing space to newcomers now leaving their vehicles there/blocking access etc) and the developer taking responsibility all maintenance costs I'd looking at the wall solution and removing any possible access (even pedestrian gates)

lstar337

What is access to the are like?

Maybe you could pop in one or a couple of these:
And give all residents a key?