Neighbour blocked garage with fence

HampshireH

What is the other side of your 1.25?

Soot2006

That is so annoying, but it sounds like legally the neighbour is in the "right" ... I know I'd be parking my evicted car in his favourite parking space as often as possible.

AdrianC

So, basically, you've been driving over your neighbour's land, with no right to do so.

If you want to continue using your garage for your car, you're going to need to widen your drive.

ScorpiondeRooftrouser

I do find it rather odd that the neighbour would say nothing about this for five years and then suddenly put up a fence while you were at work. Had the matter been raised before? Did the people before you use the access and tell you it was usable or did you assume that because there was a garage, it must be?? Have you only recently started to use it?

ScorpiondeRooftrouser

Soot2006 wrote: »

That is so annoysing and sounds like legally the neighbour is in the "right" ... I know I'd be parking my evicted car in his favourite parking space as often as possible.

Before we start casting blame let's consider this scenario which also fits the facts we have been given...

Neighbour buys his house ten years ago after checking for right of access, and finding there is none. All goes well for five years, then the house next door is sold.

The new neighbour at some point, without even asking, starts driving his car over their land to get to his garage. They know he has no right to do so.

They decide that his rudeness warrants simply erecting a fence on their land without informing him.

I don't know how it happened in reality but let's not cast the neighbour as the villain simply because he isn't posting here.

moneyistooshorttomention

AdrianC wrote: »

So, basically, you've been driving over your neighbour's land, with no right to do so.

If you want to continue using your garage for your car, you're going to need to widen your drive.

Sounds like it - or, as another poster put it he's had that then...as I don't suppose he has enough room to the other side of his bit of drive to do that.

I can understand where the neighbour is coming from - one can notice "summat that shouldnt happen" (ie driving over one's land when not allowed to do so) going on for some time and know it shouldnt happen and then there's "one last straw" and...bingo...it literally can't happen any longer, as Action has been taken to stop it.

I'm guessing there's recently been some little incident (ie on top of the illicit driving over neighbours land) and it was that "one last straw" and the neighbour thought "Blow it!" and put the fence up.

Cakeguts

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.

They don't have a shared access way.

Soot2006

ScorpiondeRooftrouser wrote: »

Before we start casting blame let's consider this scenario which also fits the facts we have been given...

Neighbour buys his house ten years ago after checking for right of access, and finding there is none. All goes well for five years, then the house next door is sold.

The new neighbour at some point, without even asking, starts driving his car over their land to get to his garage. They know he has no right to do so.

They decide that his rudeness warrants simply erecting a fence on their land without informing him.

I don't know how it happened in reality but let's not cast the neighbour as the villain simply because he isn't posting here.

That is fair.
Overall it seems as though the communication between neighbours was not great here, since neither seems to know much about the other's plans etc.

hammy1988

Johnny123123 wrote: »

Sorry for confusion. The full width is 2.5m between the two houses. We each own 1.25m. ath the end of the drive where the joint double garage is it gets a bit wider. Now that the neighbour has put up fence on their half there is only 1.25m on my side which means I cant fit a car through to reach my garage at the end of the drive.

I don't see an issue here. You legally have what you are entitled to...

ScorpiondeRooftrouser

hammy1988 wrote: »

I don't see an issue here. You legally have what you are entitled to...

The only oddity is that both houses have a garage at the end of the drive, which does suggest that some arrangement was in place at some point. However, if nothing can be traced, it may well never have been a legal arrangement.