Boundary issues - do I need to put up a fence?

1sttimebuy3r

Hi everyone,

We live at the end of a long cul-de-sac as the last house in a terraced row. At the end of the cul-de-sac is another terrace, at right angles to ours. The garden of our house used to border that of the adjacent house in this end terrace of the cul-de-sac (let's call this house A), but a section of both gardens was sold off years ago and a house built on this (let's call this house - the newer house being set back from the road.

Whoever built house B paved the driveways of all 3 houses. This includes a 12 foot wide strip of our land (shown on our title plans) down the side of our house facing house A and B. Our paving is a different colour and you can clearly see the line of this strip as it follows that of our garden behind in a straight line down to the road.

I have checked our deeds and there is no mention of access rights or anything for the house B behind, and looking at the neighbour's deeds and the historical plans that went to the council, house B has access only from the driveway of house A.

At the moment the residents of house B drive over both our driveways when coming and going - fair enough as it looks like all one driveway and we rarely park down the side of the house.

Onto my question:

We hope to build an extension on this strip beside our house in a few year's time (STPP). There used to be a garage there (before house B was built) so there is room, but I am concerned the neighbours of house B might claim they have access rights since they drive over our drive? Or maybe the house being built behind would limit our chances of getting planning permission for this anyway? An extension would not block the view of house B from the road as they are set back diagonally.

Should I put up a fence along our boundary to secure the land as ours, so the neighbours cannot claim they use it if I one day put in a planning application? I could continue the garden fence along the boundary up to the front of the house, which would leave enough space for them to drive in across house A's drive, but they would have to slow right down as it is only a single drive width. The benefit of the fence option is I can effectively extend our small garden along the side of the house and the kids can safely play there without fear of being run over. This in itself would be reason enough for me to justify the fence cost.

I would obviously go and discuss the fence with the neighbours before putting it up, but I cannot see that they would be happy as they would be going from a nice wide open driveway (which is not actually theirs...) to a more narrow one. However, although I don't want to start a neighbour war, I do want to be able to use my land for a useful purpose!

Sorry this was so long winded, and thanks for any suggestions.

PasturesNew

I'd do it, there's nowt more annoying that cheeky !!!!ers that take the pee and do annoying things

You could start cheaper, with something ornamental/movable, to mark it out .... and a few shortish posts and some bamboo style fencing, or something quite 'affordable'.

I had some annoying neighbours that'd actually park in front of my garage doors! And their friends would. One day their friend had parked a whole transit van blocking my garage door ... for 3 hours. As soon as it was gone I went out and bought some brieze blocks and laid them down. Cheeky sods.

Mickygg

Yeah I agree there are other ways. Buy some big pots for plants and shrubs and put a few out there along your boundary.

TBagpuss

Can you park on your drive, or is it not wide enough?

That might be another unobtrusive way of reminding the neighbour that your pathway isn't part of their drive, and then follow up with the fence, or a row of planters.

Red-Squirrel_2

I'm not entirely sure this applies to your situation, but I believe that a public right of way can be created by 20 years usage.

If that does apply, then you could always tell your neighbour that you are protecting against accidentally creating a right of way, as while they are of course lovely and reasonable and you have no issue with them driving over your land, you don't know what future neighbours might be like.

G_M

Tea and cake.

I'd suggest strawberry in this case.

Then the fence perhaps.

Davesnave

Red-Squirrel wrote: »

I'm not entirely sure this applies to your situation, but I believe that a public right of way can be created by 20 years usage.

Not a public RoW, which is an entirely different animal, but just a plain RoW in favour of whoever has been regularly using the access over that period (and can prove it.)

Ozzuk

I would also check the deeds of the other houses, only costs a couple of pounds and you'll be fully informed.

moneyistooshorttomention

What would happen if house A (ie the original next door house) did the same?

That being - both of the two original houses (your own and the original neighbour) both put up fences marking off "your garden"?

It looks, from what you say, that if you put up a fence that "new house" couldnt use half the drive to get in and if house A also put up a fence then "new house" couldnt use the other half of the drive either. With that - "new house" wouldnt have any access drive they could use at all from what you say. Is that the case?

Second question being - presumably you aren't the owner living in your house at the time a bit of your garden was sold so that "new house" could be built? So - you aren't the owner that took half the money from selling off a bit of their garden? Do you know whether you paid less for your house because a bit of its garden had been sold off by a previous owner of your house? (I'm presuming your house would have cost more if it hadnt sold off a bit of its garden?).

**********

From what you say - it does look as if you bought your house "as is" (ie after a bit of the garden was sold off) and probably at a lower price because of that fact. My suspicion would be that sell-off owner accepted sharing use of their drive and this obligation carries onto current owner of your house (ie yourself). "New house" has probably got some legal rights to use the drives of both houses - be they "prescriptive rights" or rights put down in writing at the time of the sell-off of gardens. You are probably not allowed to block "new houses" Right of Way.

Davesnave

Money, you're making assumptions which it may not be helpful to make at this stage.

Let the OP return and clarify how long house B has been in existence and what House A & B's deeds say.

Whether or not there might be prescriptive rights, the amount paid for the house is totally irrelevant.

sheramber

Did you miss

I have checked our deeds and there is no mention of access rights or anything for the house B behind, and looking at the neighbour's deeds and the historical plans that went to the council, house B has access only from the driveway of house A.