Neighbour dispute

renegadefm

Aylesbury_Duck said:

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.

No I meant, in their haste to put up a fence they might not realise their making it restrictive to themselves too. 

Aylesbury_Duck

renegadefm said:

Aylesbury_Duck said:

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.

No I meant, in their haste to put up a fence they might not realise their making it restrictive to themselves too. 

Possibly, but that's their prerogative.  There's a reason they want to put a fence up, people don't generally do things like that on a whim.

Clive_Woody

kerryann0 said:

I haven’t been using their land to gain access but to get the pram in and out of my house, having a fence  put there with cause me issues. When they park in their drive and get out of their car they sometimes step on my path. 

Its more to to fact that it will be a high fence which will enclose my pathway into even more darkness then it already is. There is nothing there at the moment and they have moved it wanting to put a huge fence up against my door.

Surely putting up a fence will restrict them getting out of their own car?

Invite them around for a cup of team and a chat and see if they will reconsider (buy good biscuits).

Mojisola

kerryann0 said:

Yes I have checked my deeds thanks and that was obviously my first point of call. I’m just unsure how to interpret it.

There's some examples here -

www.landregistry-titledeeds.co.uk/frequently-asked-questions/information/examples-private-rights-of-way.asp

Is there anything like that in your deeds?

You do need to see the neighbour's deeds as well - sometimes the ROW is only mentioned in the servient tenements's deeds.

You can buy their deeds from the Land Registry - www.gov.uk/search-property-information-land-registry

Mickey666

Out of interest, do the deeds indicate the boundary between the two properties to be as asymmetric as it looks in the OPs photo, or does it show it being equidstant from both the house walls?

Hasbeen

Interesting thread. Sorry. But got a bit lost with the baby/pram, dog, car, freezer, right of light comments?

The owner of the property wants to put up a legally, permitted height of fence on the boundary. 

Unless there are specific written restrictions, deeds etc? Then I would think they are entitled  to do that.

But as others have questioned why does the neighbour want a 6 foot fence on the boundary at the front side of properties?

I can understand at the back garden, dog, young child, privacy scenario etc.

Has there been a little breakdown of neighbourliness? that they now want a high fence to separate them and the OP?


Perhaps as Clive_Woody has suggested OP can do the tea/cake/ biscuit chat, to find out exactly why and what if any the problem is? 

MoneySeeker1

To me - I'm wondering what the position is re back access to your house. Is there back access? 

The other thought is wondering what room in your house is at the front? It may be that you could brick up your side door in the photo and put a new front door in the room at the front of the house instead (presumably a reception room?) if you feel there is inadequate access with existing side door.

I can understand why the neighbour would want the fence up personally - as it will give them that little bit more privacy and many of us try to make our gardens as private as possible.

Herzlos

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. 

If the garage can take a car, there should be room to get a car up to it. Reversing a trailer up there would be a nightmare anyway.

It looks like the garage isn't in line with the boundary though. The wall is but the gutter is overhanging onto your property (the whole thing needs to be in theirs, though obviously the solution would be to remove the gutter and let the rain run down the side).

I think you need to try and find out why the neighbour wants a fence that size there, and try to alleviate that. See if they'll settle for a 4ft fence or something, since I suspect it's mostly to do with keeping the dog on your side of the boundary line.

stragglebod

Herzlos said:

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. 

If the garage can take a car, there should be room to get a car up to it. Reversing a trailer up there would be a nightmare anyway.

It looks like the garage isn't in line with the boundary though. The wall is but the gutter is overhanging onto your property (the whole thing needs to be in theirs, though obviously the solution would be to remove the gutter and let the rain run down the side).

I think you need to try and find out why the neighbour wants a fence that size there, and try to alleviate that. See if they'll settle for a 4ft fence or something, since I suspect it's mostly to do with keeping the dog on your side of the boundary line.

Judging by the differences in the block paving it seems like the neighbour's property extends closer to the OP's house than her line suggests, and that in fact the OP's back gate is encroaching onto the neighbours property by a few cm.

Mickey666

Assuming that the block paving really is marking the original boundary.  Boundaries have a nasty habit of moving over time, hence my earlier question about where they are marked on the deeds.  Not that that is always definitive, but perhaps the bounday was right down the middle between the two houses once upon a time, perhaps before the OP moved in?  Almost anything is possible.