Neighbour blocked garage with fence

happyandcontented

ScorpiondeRooftrouser wrote: »

Your house is, of course, not unsaleable. It's worth at least as much as if the garage/drive had never existed; probably a little bit more on account of the garage being useful storage space. Maybe the person who made the "unsaleable" comment wouldn't buy it but most people buy a house based on what it actually is, not what they think it might have been.

Well, yes and no, imo.

If it is advertised with a garage, which would be factually correct, would the EA then add a caveat about it not being accessible?

If it is advertised not mentioning a garage, then factually that is incorrect.

As seller which would you do?
As a buyer what would be your preferred method of finding out about the 'garage?'

Tricky problem.

moneyistooshorttomention

poddle911 wrote: »

We've just put in an offer on a house with this set up (eek!) but I've checked the property register and it says the following:

' together with a right of way for the Purchaser in title over the strip of land coloured yellow (next door's side of the drive) on the said plan in common with the owners and occupiers of xxxx (next door)'

There's also a clause about paying an equal proportion of the cost of maintaining the whole of the passageway. So, I'm hoping there's nothing to worry about...

It seems mad that this wouldn't be the case for OP's house, but if it's not on the title register then I've no idea. Good luck, OP! At least it sounds like you're on good terms with the neighbour - I would seek legal advice to clarify the situation, but keep it friendly with next door, as they may come around!

So you've got it down in writing - should be okay in your case I would have thought. Plus you have something "official" and in writing to use if need be.

I've come to suspect that there are a noticeable number of solicitors that, over the years, haven't foreseen the standard "modern day outlook" on these things. With that - they didn't put any provision down in writing in paperwork - because, looking at things through 1920s eyes/1960s eyes/ etc they didnt foresee how many people will look at things through 21st century eyes.

The solicitor that wrote that out on your house-to-be obviously was looking more to the future (and a rather different outlook) by the sound of it.

EDIT; Now thinking though that, if I can ever afford to move, I might just ask davidmcn if he does "distance work" - seeing as how he studies things like Google Maps, aerial views, etc....

Norman_Castle

I suspect, and common sense suggests, both properties have an easement over each others land.

http://www.boundary-problems.co.uk/boundary-problems/easements.html

An easement may be created of necessity. Thus a parcel of land will have a right of way of necessity over a road, track or path leading to it if that route is the only means of access between the public highway and that parcel of land.


If there is a doubt as to whether or not an easement exists then the law tends to favour the existence of the easement. As the Law of Property Act 1925 puts it:
"62.(1) A conveyance of land shall be deemed to include and shall ... operate to convey, with the land, all ... liberties, privileges, easements, rights, and advantages whatsoever, appertaining or reputed to appertain to the land, or any part thereof, or, at the time of the conveyance ... enjoyed with or reputed or known as ... appurtenant to the land or any part thereof. "

An easement is very difficult to extinguish and should be thought of as existing forever. The land of the servient tenement is burdened with the easement. The owner of the dominant tenement should not forget that the owner of the servient tenement has a right to the peaceful enjoyment of his land

ScorpiondeRooftrouser

davidmcn wrote: »

Possibly. I've only been working as one for 20 years...

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.

ScorpiondeRooftrouser

Norman_Castle wrote: »

I suspect, and common sense suggests, both properties have an easement over each others land.

http://www.boundary-problems.co.uk/boundary-problems/easements.html

An easement may be created of necessity. Thus a parcel of land will have a right of way of necessity over a road, track or path leading to it if that route is the only means of access between the public highway and that parcel of land.


If there is a doubt as to whether or not an easement exists then the law tends to favour the existence of the easement. As the Law of Property Act 1925 puts it:
"62.(1) A conveyance of land shall be deemed to include and shall ... operate to convey, with the land, all ... liberties, privileges, easements, rights, and advantages whatsoever, appertaining or reputed to appertain to the land, or any part thereof, or, at the time of the conveyance ... enjoyed with or reputed or known as ... appurtenant to the land or any part thereof. "

It's not necessary to put your car in a garage.

ScorpiondeRooftrouser

happyandcontented wrote: »

Well, yes and no, imo.

If it is advertised with a garage, which would be factually correct, would the EA then add a caveat about it not being accessible?

If it is advertised not mentioning a garage, then factually that is incorrect.

As seller which would you do?
As a buyer what would be your preferred method of finding out about the 'garage?'

Tricky problem.

Advertise it with a garden storage shed/outbuilding.

Norman_Castle

Johnny123123 wrote: »

Heres what it says on both our deeds:

""excepted and reserved out of the Conveyance hereby made to the Vendors and their successors in title (a) the right and liberty at any time hereafter to erect and maintain on any lands of the Vendors (being land comprised in the Conveyance) or their successors in title adjoining or adjacent to the Premises buildings or other erections of such height or extent as the Vendors or their successors in title may think fit"

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.

Norman_Castle

ScorpiondeRooftrouser wrote: »

It's not necessary to put your car in a garage.

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

zagubov

Our first house was the only one in the street that had off-road parking, via a shared driveway. It helped keep the resale value high, but we never used it.

Your neighbour would have problems if he'd built the fence while your car was in the garage. The fact he waited for you to move the car out makes me wonder what he's up to.

Earlier posts suggest he may be looking for planning permission to extend his house to the boundary. Might be worthwhile investigating if it's worthwhile for you to do it first.

Badger50

zagubov wrote: »

Our first house was the only one in the street that had off-road parking, via a shared driveway. It helped keep the resale value high, but we never used it.

Your neighbour would have problems if he'd built the fence while your car was in the garage. The fact he waited for you to move the car out makes me wonder what he's up to.

Earlier posts suggest he may be looking for planning permission to extend his house to the boundary. Might be worthwhile investigating if it's worthwhile for you to do it first.

If the neighbour needs planning permission he may find the LA is none too keen on a development taking 2 car parking spaces permanently out of commission.