Possible boundary dispute with neighbours

littlebird37

warby68 said:

Another way to look at it is, if you're like me, you wouldn't actually mind the immediate neighbours using your drive purely for manouevring purposes as long as they didn't actually come to rest there, a bit cheeky maybe without permission but liveable with all the same. To me there would not be a potential dispute to resolve or disclose, I'd just be letting it go. If the new owners then use your mum's drive for their own vehicles it will probably come to a natural end anyway. I'm no pushover by the way but if it makes life easier to pass a regular vehicle over my drive its within my neighbourly limits to allow it. 
Turning a blind eye seems less likely to cause a problem with selling than actually doing something.
Is them crossing a bit of the drive causing a problem other than being cheeky?

I get where you're coming from, and I could turn a blind eye to them doing this for the adjacent drive as I know it is for ease of purpose and they can access without doing this if necessary. But knocking the wall down I feel is taking advantage, as it is something that we are forced to allow, as they physically can't access it without crossing over. But yes, is it worth the blood sweat and tears. I might ask the estate agent who valued the house, strangely enough none of us picked up on it then, it was only when I saw it with my own eyes.

-taff

Do as per the last post on page 1, but add in the boundary that you are intending to fence off so they can see where you'll be fencing.

littlebird37

davidmcn said:

littlebird37 said:

davidmcn said:

If you turn it into an actual dispute then it will need to be disclosed.

Is that even if it remains just between us, or only if I go to solicitors? 

The relevant questions on the property information form are "have there been any disputes or complaints regarding this property or a property nearby" and "is the seller aware of anything which might lead to a dispute about the property or a property nearby". Obviously, neighbours can have disputes without involving solicitors.

In any event, this is your mum's property, not yours - what does she think about it?

She thinks they should have asked, and feels that they've taken advantage. However, she'd rather sell it and say nothing as she is hoping to sell this year, so wants a straight forward sale with no fuss. I guess it depends on who buys it as to whether it will be a problem or not.   

SameOldRoundabout

I would fence it fully. Drop a note through the door informing them a fence will be going up to mark boundaries clearly for sale. They can’t really say much as the g fact they’ve done work relying on being able to cross into someone else’s driveway isn’t your problem. 

diggingdude

why not park where they tresspass and see what happens

littlebird37

diggingdude said:

why not park where they tresspass and see what happens

diggingdude said:

why not park where they tresspass and see what happens

Yes I've started to park on the bottom left hand side of the drive now when I go to see my mum, it's a bit obvious as I've always parked in the top left hand of the drive, my mum in the top right, nearest to the front door. They've haven't asked me to move yet, but I guess that's because the son isn't going out for a lesson whenever I've been there. (This  only came to light last week that he didn't have the space to get out on their part, when I saw the boy going out for a lesson). My mum won't do it as she doesn't want the stress of it.  

MoneySeeker1

wilfred30 said:

Why don't you just do what the person at the planning department suggested and just completely fence it off?  It's your mother's land so I don't see what her neighbours could do about it.

It wouldn't take that much time or money to do either. Just put up two or three wooden bollards with a chain in between them. Job done.

MoneySeeker1

littlebird37 said:

Deleted_User said:

David is obviously the expert here but doesnt the sales paperwork include something like 'Is there anything you are aware of that could lead to a dispute'?  

I think it is something I am going to have to address, as like you say, there could be repercussions. I will probably tell them that I'm going to put up fencing to the end to make the boundaries clear in preparation for selling, so can they check if they are able to manoeuvre the son's car in and out with ease. I have a feeling that it is not going to be possible.  This then means that they have spent money knocking a wall down for nothing. They also erected a new pillar on the edge of the wall and my mum saw a stonemason doing this, so would have cost them a bit, so can't see that it's going to go down well. I just wish they had asked first, as the answer would have been no.  

That's their problem. Not yours. Don't tell them in advance. Why would you? They didn't tell you in advance. Just do it.