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Neighbour blocked garage with fence

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  • Mojisola wrote: »
    With the evidence that both houses had garages at the back and the single access dropped kerb, I think you could prove that there was historical access for both houses - but life will probably be easier if you go with the new arrangement.
    I dont really think I can prove historical access, and either way as suggested by other memebers and my solicitor it is not a neccessity to have access by car to my garage. Yeah thats true Im just going to accept it and move on :j
  • Well - I think it looks like the overall conclusion is that these houses were probably built originally in the expectation that both parties would drive up the drive and into their garages

    - but, as there's nothing in writing stating this fact, then OP cannot enforce intentions of original builders/first owners of these houses (even if he knows/neighbour knows that's how it was destined to be at the outset).

    Modern expectations are much more "individualistic" - ie "That's theirs and that's mine" and hence the fence has gone up accordingly.

    End of...

    In OP's position - I'd just park my car in the road and leave things at that and use my garage for storage now. I wouldnt look to ruin my front garden by turning it into a "carpark". Why bother - there's probably room enough to park in the road anyway - so might as well leave things be.

    There's certainly no point in "taking vengeance" on someone for having our more "individualistic" way of thinking that most of us have these days. There's nothing "wrong" with that way of thinking - it's how things are now...
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    A house 3 doors away from me has and it is double storey. It is a utility room downstairs and en suite upstairs.

    Really? On the inside, the extra space gained here would be < 1 metre wide....so they'd have to demolish parts of the old exterior wall and do quite a lot of jiggery-pokery with support to get anything usable.

    That just wouldn't be sensible! :rotfl:

    You must be comparing apples with oranges, mate.
  • How is not wanting people driving over your garden "massively and spitefully selfish"? Having the OP driving their car through right next to their house, something they have no legal right to do, is clearly a pain for them as it would be for most people. The new setup is much more pleasant for both parties in every way except car access. Why can you not see both sides of this? Even the OP understands their position.

    Not everyone is so "massively and spitefully selfish" as to spend thousands of pounds building an extension they don't want just to block the neighbours' light.

    Please stop making it as though I was doing driving his flowerbeds and doing donuts in his front garden... The whole street has this shared access arrangement. I didnt know the neighbours wife was annoyed at me parking in garage. I dont want to cause trouble by revving motorbikes and building extensions. Stop making me out to be a monster :eek:
  • ScorpiondeRooftrouser
    ScorpiondeRooftrouser Posts: 2,851 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    edited 30 April 2018 at 8:39PM
    The disgraceful lack of consideration is deliberately blocking access to the garage, of course. I'm genuinely surprised that so many on here think that's morally ok, regardless of the legalities. I'd never behave like that and I bet you wouldn't either when it came to it.

    The neighbour has to allow the OP to drive over his land, bang in front of his house. I would definitely not want my neighbour doing this if they had no right to and would point out the legal situation and ask them to stop. However, I would probably have put the fence up years ago; I don't like unfenced boundaries.

    Actually, I wouldn't have bought either house at all but if I did, it would be entirely on the basis that I was going to put a fence up and get rid of the "shared access".

    Are you going to answer the rest of the post ? The part where I pointed out how you were completely misrepresenting my position and that of the post I replied to?
  • Davesnave wrote: »
    Really? On the inside, the extra space gained here would be < 1 metre wide....so they'd have to demolish parts of the old exterior wall and do quite a lot of jiggery-pokery with support to get anything usable.

    That just wouldn't be sensible! :rotfl:

    You must be comparing apples with oranges, mate.
    Completely agree with you. building a 1.25m extension would be the stupidest thing I can think to do on this earth.
  • Please stop making it as though I was doing driving his flowerbeds and doing donuts in his front garden... The whole street has this shared access arrangement. I didnt know the neighbours wife was annoyed at me parking in garage. I dont want to cause trouble by revving motorbikes and building extensions. Stop making me out to be a monster :eek:

    I am not saying you are doing these things, you seem reasonable. I am criticising those who suggest you should do those things. They are the ones "making you out to be a monster", if anyone is.
    My post that you quoted actually said "Even the OP understands their position." so I don't know why you would say I am "making you out to be a monster". All I said was that it was a pain for the neighbour to have you using the drive, which it clearly was.
  • Arklight
    Arklight Posts: 3,182 Forumite
    Ninth Anniversary 1,000 Posts
    I almost bought an ex council house with a shared path to the front door once, and the survey was full of warnings about checking the access arrangements. Not sure why this wouldn't have been done for a driveway.
  • Davesnave wrote: »
    Really? On the inside, the extra space gained here would be < 1 metre wide....so they'd have to demolish parts of the old exterior wall and do quite a lot of jiggery-pokery with support to get anything usable.

    That just wouldn't be sensible! :rotfl:

    You must be comparing apples with oranges, mate.

    Well it was obviously sensible to them, they had a new kitchen fitted at the same time and wanted the put the washing machine, tumble dryer and freezer in a utility, you go in a door half way down the room and if you turn right there is a freezer and turn left and there is a washing machine with a tumble dryer on top. I haven't seen the en suite so I have no idea what it is like.

    I don't know where apples and oranges come into it and I'm not comparing it to anything, just stating that is what they did, his dad is a builder so I don't suppose it cost much and they had it done about 15 years ago so they've probably had good value for what they spent.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    So you are saying someone in my situation but their car got blocked in? Did they have same deed situation where both deeds dont mention shared drive? Maybe they had to take down fence just to let car out and not because it was illegal to put fence.

    It was a while ago but it was an elderly couple who had legal access up a neighbour's lane and opened gates to park their car in their back garden where their garage was.

    The neighbours put up a very high fence all round the old couple's garden which blocked the gates while their car was parked there.

    The neighbours were very unpleasant and occasionally violent so the couple didn't feel up to getting the new fence taken down to get their car out and had to take legal action.
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