Neighbour dispute

Aylesbury_Duck

renegadefm said:

babyblade41 said:

check the deeds .  but just by looking it seems perfectly reasonable to put a fence up and right to light isn't a good enough reason even if permission was needed .

You need to check both your deeds and your neighbours deeds .  Costs 3.00 from Land registry 

Its the restriction into the door I would be disputing, how would you get a fridge freezer long ways in there. Plus its a long shot but check with the fire department as it might class that as restricting there access. 

And that's why the deeds are important.  If that's OP's only door, it's possible she has right of access across the neighbour's land.

As an aside, a fridge freezer can easily be delivered into that door without using the neighbour's land.

babyblade41

renegadefm said:

babyblade41 said:

check the deeds .  but just by looking it seems perfectly reasonable to put a fence up and right to light isn't a good enough reason even if permission was needed .

You need to check both your deeds and your neighbours deeds .  Costs 3.00 from Land registry 

Its the restriction into the door I would be disputing, how would you get a fridge freezer long ways in there. Plus its a long shot but check with the fire department as it might class that as restricting there access. 

If they have no problems accessing now how can it be any less restricted with a fence  without encroaching on the neighbours property ?

If this is the boundary and is on their land then they can legally erect a 2 metre fence .

This should have all been gone through when the conveyance procedure was being undertaken .. you would have seen the boundaries and accepted it before exchange 

ukcarper

As has been said check deeds many deeds have clauses about putting up fences especially modern open plan estates.

Cornucopia

Thread moved to "In my Home".

elsien

Aylesbury_Duck said:

Have you checked your deeds yet - it's been suggested three times?  The answer is there, as advised earlier.  It doesn't matter what anyone on here says if your deeds say something different.

But to answer your points:

1. I still can't see how a fence in that location is going to make any difference to your access if you can already get in and out of your door without going onto your neighbour's property.  You were happy with a low fence - how was that going to make access any easier than the six foot fence proposed?
2. If you own a dog, you are obliged to ensure your garden is secure, so you haven't done them a favour by installing a fence, it was your obligation to do so.
3. Where's the light/shade issue?  If that picture was taken in the middle of the day this close to midsummer's day and your door is already in shade, a fence is going to make very little difference to light for most of the day for most of the year.
4. At the risk of repeating myself, check your deeds.  It's likely your neighbour has the same permissions/restrictions as you, so if there is nothing in there preventing a fence on that line, your neighbour is perfectly entitled to install a fence there, up to two metres in height.

I'm not sure that's strictly accurate. You have to ensure that your dog is not dangerously out of control, which can be done by either training the dog to stay in the garden, or potentially by tying it up to something so it can't escape. Or secured in a kennel. Or a smaller fenced off area. I'm not aware of any legislation that specifically says you have to secure your whole garden if you have a dog. 

kerryann0

renegadefm said:

kerryann0 said:

Am I wrong for what I am saying here or do I still not have a leg to stand on. A 6ft fence along the green line. 

Definetly check the deeds because that would make it impossible to carry anything large in there like a sofa or fridge freezer. I wouldn't wait until they build it. Check with Citizens advice 

Tried calling them today and are closed , phones the council etc I have even reported to the council. I look at the deeds and am unsure how to interpret it. I’m not made of money to get solicitors involved either. Hard to find any definitive info on my situation with it. 

renegadefm said:

kerryann0 said:

Am I wrong for what I am saying here or do I still not have a leg to stand on. A 6ft fence along the green line. 

Definetly check the deeds because that would make it impossible to carry anything large in there like a sofa or fridge freezer. I wouldn't wait until they build it. Check with Citizens advice 

kerryann0

elsien said:

Aylesbury_Duck said:

Have you checked your deeds yet - it's been suggested three times?  The answer is there, as advised earlier.  It doesn't matter what anyone on here says if your deeds say something different.

But to answer your points:

1. I still can't see how a fence in that location is going to make any difference to your access if you can already get in and out of your door without going onto your neighbour's property.  You were happy with a low fence - how was that going to make access any easier than the six foot fence proposed?
2. If you own a dog, you are obliged to ensure your garden is secure, so you haven't done them a favour by installing a fence, it was your obligation to do so.
3. Where's the light/shade issue?  If that picture was taken in the middle of the day this close to midsummer's day and your door is already in shade, a fence is going to make very little difference to light for most of the day for most of the year.
4. At the risk of repeating myself, check your deeds.  It's likely your neighbour has the same permissions/restrictions as you, so if there is nothing in there preventing a fence on that line, your neighbour is perfectly entitled to install a fence there, up to two metres in height.

I'm not sure that's strictly accurate. You have to ensure that your dog is not dangerously out of control, which can be done by either training the dog to stay in the garden, or potentially by tying it up to something so it can't escape. Or secured in a kennel. Or a smaller fenced off area. I'm not aware of any legislation that specifically says you have to secure your whole garden if you have a dog. 

Yes I have checked my deeds thanks and that was obviously my first point of call. I’m just unsure how to interpret it. Call me stupid if you want. Oh my dog isn’t dangerous by the way some people are just fearful 

Aylesbury_Duck

kerryann0 said:

elsien said:

Aylesbury_Duck said:

Have you checked your deeds yet - it's been suggested three times?  The answer is there, as advised earlier.  It doesn't matter what anyone on here says if your deeds say something different.

But to answer your points:

1. I still can't see how a fence in that location is going to make any difference to your access if you can already get in and out of your door without going onto your neighbour's property.  You were happy with a low fence - how was that going to make access any easier than the six foot fence proposed?
2. If you own a dog, you are obliged to ensure your garden is secure, so you haven't done them a favour by installing a fence, it was your obligation to do so.
3. Where's the light/shade issue?  If that picture was taken in the middle of the day this close to midsummer's day and your door is already in shade, a fence is going to make very little difference to light for most of the day for most of the year.
4. At the risk of repeating myself, check your deeds.  It's likely your neighbour has the same permissions/restrictions as you, so if there is nothing in there preventing a fence on that line, your neighbour is perfectly entitled to install a fence there, up to two metres in height.

I'm not sure that's strictly accurate. You have to ensure that your dog is not dangerously out of control, which can be done by either training the dog to stay in the garden, or potentially by tying it up to something so it can't escape. Or secured in a kennel. Or a smaller fenced off area. I'm not aware of any legislation that specifically says you have to secure your whole garden if you have a dog. 

Yes I have checked my deeds thanks and that was obviously my first point of call. I’m just unsure how to interpret it. Call me stupid if you want. Oh my dog isn’t dangerous by the way some people are just fearful 

What do the deeds say about access or fencing?

renegadefm

babyblade41 said:

renegadefm said:

babyblade41 said:

check the deeds .  but just by looking it seems perfectly reasonable to put a fence up and right to light isn't a good enough reason even if permission was needed .

You need to check both your deeds and your neighbours deeds .  Costs 3.00 from Land registry 

Its the restriction into the door I would be disputing, how would you get a fridge freezer long ways in there. Plus its a long shot but check with the fire department as it might class that as restricting there access. 

If they have no problems accessing now how can it be any less restricted with a fence  without encroaching on the neighbours property ?

If this is the boundary and is on their land then they can legally erect a 2 metre fence .

This should have all been gone through when the conveyance procedure was being undertaken .. you would have seen the boundaries and accepted it before exchange 

For example if they were reversing a car in there or trailor, you would need that fence not to be there. 

Aylesbury_Duck

renegadefm said:

babyblade41 said:

renegadefm said:

babyblade41 said:

check the deeds .  but just by looking it seems perfectly reasonable to put a fence up and right to light isn't a good enough reason even if permission was needed .

You need to check both your deeds and your neighbours deeds .  Costs 3.00 from Land registry 

Its the restriction into the door I would be disputing, how would you get a fridge freezer long ways in there. Plus its a long shot but check with the fire department as it might class that as restricting there access. 

If they have no problems accessing now how can it be any less restricted with a fence  without encroaching on the neighbours property ?

If this is the boundary and is on their land then they can legally erect a 2 metre fence .

This should have all been gone through when the conveyance procedure was being undertaken .. you would have seen the boundaries and accepted it before exchange 

For example if they were reversing a car in there or trailor, you would need that fence not to be there. 

I think babyblade41 meant the OP's access not her neighbour's.  At present, OP can access her door with a pram without stepping over the boundary.  Putting a fence there makes absolutely no difference to that.

As for the neighbour, if the deeds permit them to erect a fence there, how they access their garage or park a car or trailer is their business and not OP's.