Neighbour blocked garage with fence

ScorpiondeRooftrouser

mistertea wrote: »

Meanwhile, in the real Word... Dropped kerb allowing vehicular access to shared driveway (2.5m wide,1.25m owned by each house) allowing vehicular access to two rear garages (things originally built for storing cars). Like that since 1969 with all properties on the street having the same setup. Sneaky neighbour waits until OP takes car out then erect's a fence with no prior notice.

He probably should have warned him, but in the event, what does that matter? The OP had no legal right to stop him putting up the fence if he had announced his intention to do so.

But the right of access should have been established legally. It never was. That was a mistake.

It was however a mistake that should have been obvious to the OP when he bought the house. He didn't check. That was his mistake.

wishuponastar

OP should be thankful that neighbour didn't erect the fence when the OP's car was still in his garage. Can you imagine if you came out of your house after having a day off to find the fence suddenly erected, knowing your car was now stuck in the garage! That would be a whole lot worse.


Have you thought about offering your neighbour an amount per month or year to be able to drive over his part of the drive? Just an idea that may work, I would advise getting an agreement witnessed by a solicitor. It depends how much he/his wife (as I understand he is saying it was the idea of his wife) values the privacy the fence gives her over the amount you'd be offering if you did decide to go down that road (no pun intended).


If the neighbour or a new person (if the house is sold) decided that in the future they wanted to start putting a vehicle in their garage then the payments from you would be cancelled as you are both sharing each other's drive for the greater good of both, which as some have already said, is likely how it was intended to be many years ago.


It is complicated though and I don't envy you in your decision/situation as it's not such a nice one to be in unfortunately.

pimento

I rather like the idea of telling the neighbour that you're planning an extension right up to the boundary.

Smodlet

pimento wrote: »

I rather like the idea of telling the neighbour that you're planning an extension right up to the boundary.

If both did that, what was two pairs of semis would become a terrace of four houses. I think there might be serious objections to that and doubt planning permission would be granted, not least because it would devalue 4 properties and create a world of ill-feeling... Which would have to be declared in the event of a sale of any of them.

spadoosh

Johnny123123 wrote: »

They said they wanted more privacy and didnt like having a shared access way. They dont use their garage to park because they have big cars and park them on the street instead.

I can imagine hes the type of person that likes parking in the same spot. Id be making sure he couldnt.

spadoosh

Smodlet wrote: »

If both did that, what was two pairs of semis would become a terrace of four houses. I think there might be serious objections to that and doubt planning permission would be granted, not least because it would devalue 4 properties and create a world of ill-feeling... Which would have to be declared in the event of a sale of any of them.

If an asteroid hit them theyd be more annoyed than that though.

dunroving

Smodlet wrote: »

If both did that, what was two pairs of semis would become a terrace of four houses. I think there might be serious objections to that and doubt planning permission would be granted, not least because it would devalue 4 properties and create a world of ill-feeling... Which would have to be declared in the event of a sale of any of them.

I vaguely recall a recent thread on a similar subject. Link detached (or link semi-detached; can't remember), next door neighbour built onto the garage and the OP's thread was mostly to do with intrusiveness, IIRC.

Some respondents suggested the OP do the same (build an identical second storey on his/her garage), but it was pointed out that he/she probably wouldn't get PP, because it would turn link detached into semi (or linked semi into terraced, or something).

In that instance, I recall it was almost a case of whoever gets there first with the PP wins.

Smodlet

spadoosh wrote: »

If an asteroid hit them theyd be more annoyed than that though.

Errm... If an asteroid were to hit them, I think the whole situation would be moot, don't you? I wonder if they are covered...

spadoosh

Smodlet wrote: »

Errm... If an asteroid were to hit them, I think the whole situation would be moot, don't you? I wonder if they are covered...

Wouldn't discussion of access to a garage be moot if they both built up to the boundary?

Worked out where im going yet?

letitbe90

wishuponastar wrote: »

OP should be thankful that neighbour didn't erect the fence when the OP's car was still in his garage. Can you imagine if you came out of your house after having a day off to find the fence suddenly erected, knowing your car was now stuck in the garage! That would be a whole lot worse.


Have you thought about offering your neighbour an amount per month or year to be able to drive over his part of the drive? Just an idea that may work, I would advise getting an agreement witnessed by a solicitor. It depends how much he/his wife (as I understand he is saying it was the idea of his wife) values the privacy the fence gives her over the amount you'd be offering if you did decide to go down that road (no pun intended).


If the neighbour or a new person (if the house is sold) decided that in the future they wanted to start putting a vehicle in their garage then the payments from you would be cancelled as you are both sharing each other's drive for the greater good of both, which as some have already said, is likely how it was intended to be many years ago.


It is complicated though and I don't envy you in your decision/situation as it's not such a nice one to be in unfortunately.

Might be preferable actually. Would end up breaking down the fence and it may well put them off paying to erect it again .