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

Rain_Shadow

sheramber wrote: »

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.

It's a classic 'money reads half a post and makes the rest up'.

Davesnave

sheramber wrote: »

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.

Thanks! I read this late last night, so I'm guilty of not reviewing the posts this morning.

I couldn't see a modern house being erected without clear access sufficient to satisfy Highways Dept.

WhatHO17

Hello,
I live on an estate which is around 4 years old. I have a shared 'main' drive which of course isnt marked out in any way which leads to a 'double' garage ( 1 each). The area outside each of the garage doors is marked with a flat dividing strip. My neighbour is incapable of keeping off my drive so I put planters on my side of the dividing strip which helps slightly. Any ideas of how to keep him and his visitors off for good. He is NOT approachable..

1sttimebuy3r

Hi,

Thank you for the suggestions. I didn't mention that occasionally neighbours do park on the driveway at the side, 9 times out of 10 they ask permission but the 1/10 really grates on me!

Parking there is actually quite a good (and free) idea. I might do that from now on then put some planters up.

As some of you already clarified, the deeds to house A specify access right to house B on their drive. But no access from my drive.

re: the future extension I hope to build, I might pay for the council planning officer to come and have a look as they can advise on the feasibility of future planning applications. This is still cheaper than putting up a £1000 fence which I might not really need.

moneyistooshorttomention

That occasional parking by neighbour is something that might continue - even if your drive is blocked. They shouldnt do it by the sound of it - ie if their drive is officially a ROW - but not being allowed to do something doesnt necessarily stop people doing so.

How would "new house" people get through if your drive is blocked and neighbour is parking illicitly on their drive?

molerat

moneyistooshorttomention wrote: »

That occasional parking by neighbour is something that might continue - even if your drive is blocked. They shouldnt do it by the sound of it - ie if their drive is officially a ROW - but not being allowed to do something doesnt necessarily stop people doing so.

How would "new house" people get through if your drive is blocked and neighbour is parking illicitly on their drive?

By enforcing their right to pass as per the deeds, not the op's problem

DoaM

Wouldn't that be for House B to complain about?

1. To House A
2. To Council
3. To Police

OP is an innocent party and wouldn't be doing anything wrong. (Based on OP's statements about deeds and access rights).

Edit: SNAP!

stator

Why did they repave your driveway if you weren't granting access rights?
Not all access rights will be shown on all deeds if it was done before the land was registered.
You might think the land is entirely yours but you may be wrong.
I'd say if you do this you are right to start with a fence because if you build over it and then get taken to court later it will be easier to take down a fence than an extension.

molerat

stator wrote: »

Why did they repave your driveway if you weren't granting access rights?
Not all access rights will be shown on all deeds if it was done before the land was registered.
You might think the land is entirely yours but you may be wrong.
I'd say if you do this you are right to start with a fence because if you build over it and then get taken to court later it will be easier to take down a fence than an extension.

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.

I wonder if it was the owners of house A that carried out the development and paved the drive as a sweetner.

1sttimebuy3r

Surely if someone had agreed access rights to my drive it would have to have been communicated to my solicitor via the conveyancing? It did not come up in the searches or on the deeds. Without this, what would be the basis of their access claim? Actually I can't find mention of any access rights in the Land registry documents for any of the properties mentioned - anyone know if these be recorded somewhere else?

I think the same builder refurbished my house at the same time as building house B, possibly also refurbishing house A at the same time. I assumed that is why they have matching paving, and the builder then sold them all on around the same time.