Neighbour blocked garage with fence

davidmcn

ScorpiondeRooftrouser wrote: »

You are a conveyancer and you poke around on StreetView for every transaction you handle looking to see if the drive is too narrow?

That's not true, is it.

Hmm, it depends on the property. I like to get some idea of what the property looks like (if I don't already know the area).

I'd certainly be checking the marketing details, which I suspect (if the house were being sold today) would give a hint at this sort of issue. And I'm probably adept enough at interpreting title plans to spot houses which look closer together than two driveways' widths.

ScorpiondeRooftrouser

Norman_Castle wrote: »

Common sense suggests the garages were built to store cars which obviously implies vehicular access.

Right of access by necessity depends on it being necessary. it's not necessary to put your car in the garage to live in the house.

The legislation you are quoting is relevant only when there is no other way to access the land at all....NOT when it is the only way to get your car into the back garden.

ScorpiondeRooftrouser

Norman_Castle wrote: »

I don't think this trumps rights of access. To me it allows a full height fence on the boundary which many 1960s properties didn't have and are forbidden on some properties, and erections:o like sheds.

I suspect the neighbour is misinterpreting what he is reading based on wishful thinking.

"erections of such height or extent as the Vendors or their successors in title may think fit"
This could be interpreted as a 30 foot high fence is acceptable but its not as other laws (planning) prevent it which is the same as blocking the driveway, prevented by rights of access.

Of course it doesn't trump right of access but right of access has not been established.

Davesnave

I doubt the neighbour is going to extend, except perhaps for a porch, as it wouldn't be worthwhile adding 1.25m to a building.

I can understand why they put up the fence, as it was an arrangement like this which once put us off a detached house, very close to its neighbour, with an open plan arrangement between side facing kitchen doors. The kitchen window also looked directly at the other's.

So, with no particular advantage in garaging cars nowadays, there's an argument that improving privacy with a 1.8m fence could increase the appeal of both properties.

The question remains,however, whether it's possible for the OP to create parking in front of their house. Someone has asked, but there's been no response so far.

moneyistooshorttomention

Davesnave wrote: »

I can understand why they put up the fence, as it was an arrangement like this which once put us off a detached house, very close to its neighbour, with an open plan arrangement between side facing kitchen doors. The kitchen window also looked directly at the other's.

So, with no particular advantage in garaging cars nowadays, there's an argument that improving privacy with a 1.8m fence could increase the appeal of both properties.

.

Probably the crux of the matter imo - also given that it was mentioned that it's neighbour wife that seems to be the driving force behind this. Quite possibly it's a very "traditional" type household - ie she's the one that is in that kitchen most.

I've had to take action (of a different nature) when things changed here such that I could tell neighbours were able to look in through my kitchen window - in order to get my privacy back, so that strangers couldnt look into my kitchen.

It was also necessary to take other action to protect me from a next door neighbour being able to easily look through another window.

So - people do do things like that to protect their privacy.

RedFraggle

TonyMMM wrote: »

It sounds very unlikely that the houses were built in this way with no provision for shared access - you (and your neighbour) need to get this sorted out, because as it stands both your houses are probably unsaleable.

I disagree. Many houses in York (30s semis) have narrow drives that are not shared and either house is perfectly entitled to put a fence up if they wish and if either does the garage can't be accessed in terms of getting a car to it.
Ours sold last year in 36 hours.

moneyistooshorttomention

Looking from afar - and I think York looks like one of the dearer/better areas for housing? (Nice city btw).

We don't know whereabouts OP's house is - ie whether it's in a nice city or a run-down northern or "brown town" (I gather that's the name for "former glory for holidaying seaside area - now "brown" with drug-taking) or what...

Johnny123123

ScorpiondeRooftrouser wrote: »

Right of access by necessity depends on it being necessary. it's not necessary to put your car in the garage to live in the house.

The legislation you are quoting is relevant only when there is no other way to access the land at all....NOT when it is the only way to get your car into the back garden.

Spoke to solicitor today and he said same thing as you. Are you a solicitor as well? I think this now pretty much has sealed the fact theres nothing legal I can use to object to this fence.

Johnny123123

Davesnave wrote: »

I doubt the neighbour is going to extend, except perhaps for a porch, as it wouldn't be worthwhile adding 1.25m to a building.

I can understand why they put up the fence, as it was an arrangement like this which once put us off a detached house, very close to its neighbour, with an open plan arrangement between side facing kitchen doors. The kitchen window also looked directly at the other's.

So, with no particular advantage in garaging cars nowadays, there's an argument that improving privacy with a 1.8m fence could increase the appeal of both properties.

The question remains,however, whether it's possible for the OP to create parking in front of their house. Someone has asked, but there's been no response so far.

Yes I will apply for a drop kerb and change my front garden into a parking space, needs some work as its got a big tree and load of hedge right now but should be a good parking solution.

Johnny123123

RedFraggle wrote: »

I disagree. Many houses in York (30s semis) have narrow drives that are not shared and either house is perfectly entitled to put a fence up if they wish and if either does the garage can't be accessed in terms of getting a car to it.
Ours sold last year in 36 hours.

Thank you for sharing, this is reassuring. Maybe its a good thing neighbour put up fence after all, Im going to look at it from the point of "yay I got a free fence" :rotfl: