neighbour building wall - obstructing to open car door

rajgn

Hi,
Apologies for long post...
We need your advice as we are first time owners and bought our first 3 bedroom detached house 2 1/2 years back by spending fortune. We din't have any issues so far.

We have got single car park (2.68 meter width) in front of garage and there is our house wall at one side of car park. These houses were built in 1999 and other side of my car park there were edging plants bordering the neighbour boundary planted by builder when this layout/residential estate was initially built. The edge plants were planted bit inside to neighbours area as those plants are maintained by them . Similar approach followed in other houses in our area. No one has built any wall in front of their house in our residential estate. I have checked Land registry plan for the high level border but yet to get deeds copy to check the detailed plan/boundary.

But our left side neighbour owner (old lady) who is not living in the house has rented house to some tenants since few years(before we bought the house). She decided to get rid of lavender bush and also front garden grass for low maintenance. Their front garden space is very small and not able to park any car either. They have got parking at the back of their house.

They never notified about any work whatsoever . They initially started to remove lavender bush and grass and build wall in-front of their house and also other side of their house which is adjacent to road. I did check with guy who was building wall and he advised they don't have any plan to remove edge plants next to my car park. Apparently owner had asked his advise and he advised her not to remove edge plants.
The front and road side wall is completed. But after almost a week break then builder came back to work. I did check in the morning around 8 AM and he mentioned - he had been advised to remove edge plants and build wall. I immediately raised my concern and asked builder to call owner as she lives somewhere else and I dint have her contact number.

Owner came at around 1:30 PM with main builder and I raised my concern with her. Her first words were 'wall going up there(pointing the location)'. She was not approachable but me and my wife try to convince her and also mentioned that it will be very difficult as we have 2 1/2 year old daughter. We mentioned that it will be difficult to put my daughter to car seat or get her out. They were advising to let passengers out first and the park the car. But I raised my concern that it will be difficult for the driver itself to get in/out of the car.

The guy was building the wall mediated and gave two choices:
Choice 1: stop the wall next to parking space just 1 meter deep from the pavement so other part will be empty and just block paving so it doesn't obstruct opening car door.
Choice 2: Build 0.65m height wall 1st around one meter deep and then drop the wall height to 2 or 3 bricks height so that I can open my car door.

I wanted first option but she forced me to accept choice 2. I was not happy but ok. I took her contact number and then we all departed.

There was no news/work until next 2 weeks. But after 2 weeks builder came to build wall and he mentioned owner has advised him to build full height wall next to my car park. She never informed about change of decision. It was really shocking.
I tried to call her on mobile and left voicemail and also sent her text messages explaining the issue. She called me back after sometime and said she is going to build wall and has contacted the solicitor. I asked her if she has checked my text messages but she said no. I never got any response to text messages.

I consulted my car insurance legal team for their advice and they advised me that I can arge on private nuisance and they advised me to contact home insurance legal team. I contacted my home insurance legal team 2nd time ( first time they had rejected saying she can build wall in her boundary within certain height and can't stop legally). But I mentioned about private nuisance advised by car insurance legal team and why this was never mentioned first time. Then they mentioned they could have advised better first time.

Home insurance legal team asked me to send objection letter raising my concern/issues with owner. I wrote a letter and printed and then posted one through post office and also personally delivered other copy to their house. Builder was constructing the wall when I delivered the letter. On the same afternoon lady and her father came and just father was trying to tell me that they have already consulted their solicitors etc. I asked him why they changed the decision even though it was mutually agreed other day that they are going to drop wall height next to my car park just 2 to 3 bricks height so that I can just open my car door. He mentioned builder told them that dropping wall would cost more. I couldn't believe this as short wall means less bricks/labour/cost. The owner (lady) didn't bother to speak as was discussing with guy who was building the wall by holding the letter I had hand delivered.
I dint have any interest to talk to them any more and I said thank you and came home.

They just carried on building the work even though I raised my concern. Its been 3 days and now wall is completed.

I contacted our local council and they said as long as they are building in their boundary and also within 1 meter height then no need of any planning permission and can't intervene. They asked me to check property deed for any Covenants. I did check and there is nothing specific as per my understanding but I have asked my solicitor to check as well.

I also contacted Citizens Advice Bureau and they gave similar response as local council and then asked to check with solicitor about private nuisance.

I have submitted my side of story/events to my home insurance legal team(got legal cover) with photos and documents etc and waiting for their analysis and prospect of success.

But we are really confused if we need to proceed with legal action. Its really shocking that neighbour is so inconsiderate and inhumane. My parking space is almost dead and can't image how we manger after having second child. This wall may potential bring down our house price as well.

Please advise how to proceed on this. I sincerely wait for your advise.
Thank You in Advance.

eddddy

The information that the council gave you sounds complete and correct:

rajgn wrote: »

I contacted our local council and they said as long as they are building in their boundary and also within 1 meter height then no need of any planning permission and can't intervene. They asked me to check property deed for any Covenants.

It doesn't sound like there's anything else you can do.

PasturesNew

What is yours is yours - you commit a form of trespass if you're using their land to load/unload your car and load/unload toddlers.

You've helped yourself to the benefit of land/space you don't own and have enjoyed that ... until now.

Unless there's something specific in the deeds preventing the wall being built, if it's on their land that's it.

G_M

I do not believe for a minute that if a private individual builds a wall that complies with Planning law an is on their own land it could be constued as a 'private nuisance'.


If installed within the wall was a movement-activated tape recorder that blared out loud music every time you drove your car to park next to the wall, that would be a 'private nuisance'!


But the neighbour has every right, in law, to build a wall anywhere he wants within the boundary of his land (subject to Planning law etc).


Your only chance is either
* discussion /negotiation and/or
* bribery eg offer £1000 for their agreement not to build a wall within the next (10?) years.

societys_child

Please advise how to proceed on this. I sincerely wait for your advise.

Advise?
Accept that your neighbour can legally build the wall. It's their land, not yours, sorry.

agrinnall

"Inhumane" is hardly an appropriate word to use for such a minor issue. You need to get a sense of proportion.

rajgn

Yeah I think used harsh word out of frustration...sorry...I might have felt like that as there was no need to build wall there as it’s a very small space in a private quiet residential area and not serving much purpose other than inconvenience for us. I think everyone can live better life if all neighbours are considerate to each other...maybe that’s a fantasy world...

parking_question_chap

Build your land up to the same height therefore making the wall redundant.


:rotfl:

Lorian

You really need to make sure there is not a restrictive covenant on her house (same on yours and the rest of the estate) that seeks to keep the front gardens open plan.

Cakeguts

What you are saying though it that you used to open your car door over her garden. Did anyone getting into your car ever stand on her plants? I expect she just got fed up with you assuming that it was alright to use her garden as a means to get into your car.


She has the right to build a wall on her land up to her boundary. The fact that your parking space is now too narrow is nothing to do with her. You should have checked that you could open your car doors without overhanging her garden before you bought the house.



There is nothing for you to complain about she had the right to do this.

suki1964

rajgn wrote: »

Yeah I think used harsh word out of frustration...sorry...I might have felt like that as there was no need to build wall there as it’s a very small space in a private quiet residential area and not serving much purpose other than inconvenience for us. I think everyone can live better life if all neighbours are considerate to each other...maybe that’s a fantasy world...

You have had a couple of years of swinging your car door over her plants and boundary

Did you ever ask her if that was ok?

Were you considerate to her?