Driveway & Fencing Disputes

poalo2020

 I have just received a hand written letter from my neighbour explaining that in less than 2 days time they intend to undertake works to their front garden...this will entail, removing all grassed area, a concrete path which runs to their house but adjacent to my driveway, following which they will be installing block paving, a drop down kerb that will adjoin my own, and then a 1mtr high boundary fence adjacent to my drive...by erecting the fence this will deem my driveway useless as vehicle occupants will not be able to exit due to the close nature of the fence to my drive. Our garage is set back from the main elevation of the house, as such neither side will be deemed useable if we were to pull right up to the garage...Can I legally oppose this..?...They have also suggested that I remove my car from the driveway and park on the public highway whilst these works are carried...If I refuse and there is subsequent damage to my vehicle...Can I claim against them and/or the Contractor.

the_lunatic_is_in_my_head

Is this a shared drive way?

If so do the deeds to both properties state anything about access (you can download your neighbours from the land registry)?

They can't prevent you parking on your drive, a decent neighbour would ask and the other decent neighbour would say yes, this would be followed by a bottle of wine or such to say thanks.   

Drop curbs (which require alterations to the public highway including footpaths) are typically installed by the council and permission is required, you could speak to the council to see what permissions the neighbours have regarding this. 

They may need planning permission to turn the whole garden from grass into a paved area, although it depends on what they are putting down (I'm not sure on the specifics). 

Damage to your car might affect your car insurance if you end up having to claim on it, personally I would want to avoid this at all costs. 

davidmcn

This isn't really a consumer rights issue, more one for the house buying/selling board. But for a start, you'll need to clarify whether the titles currently provide for either house having rights over the other's driveway.

poalo2020

Thanks...so to confirm...this is not a shared driveway...It is with-in the deeds and boundary of my property. It is just slightly wider than an average car...and there is a 6" gravel drainage track running the full length...and then their current pathway.
When we open a door on this side it overswings their current path, but should they put a fence in we will only be able to open the door approx 10" to a foot, meaning no one will be able to exit the vehicle. 
The garden and dropped kerb all have relevant go ahead by Highways & council, but I cannot see how they would of approved the fence...!

Aylesbury_Duck

poalo2020 said:

Thanks...so to confirm...this is not a shared driveway...It is with-in the deeds and boundary of my property. It is just slightly wider than an average car...and there is a 6" gravel drainage track running the full length...and then their current pathway.
When we open a door on this side it overswings their current path, but should they put a fence in we will only be able to open the door approx 10" to a foot, meaning no one will be able to exit the vehicle. 
The garden and dropped kerb all have relevant go ahead by Highways & council, but I cannot see how they would of approved the fence...!

If the driveway isn't shared and you don't have right of access over your neighbour's land, then you are technically trespassing when you open your car door and it swings out over their property.  If you're sure that it isn't a shared driveway then your neighbour is perfectly entitled to do what they intend to do and you have no right to use their land (or the airspace above it) for your convenience.  Your inability to fit a car usefully in your drive is either a design flaw in your property or your car is too big!  That's the harsh truth of it.

Edited to add: Is the driveway wide enough to park the car and the driver to get out?  If so, there's an easy workaround: just drop near-side passengers off before you pull up into the narrow part of the driveway.  Most modern garages are built too small to park and exit both sides of car, and it sounds like your garage and driveway are similarly too narrow.

Flight3287462

The way I read it the OPs driveway currently borders a grassed area distinct from the neighbours own drive.  I suspect the OP will be entitled to do this subject to any planning permissions required.  OP you need to get down to your local planning office with drawings and photos PDQ.  Alternatively speak to your neighbour first and see if he can accommodate your problem in his design.  Best not to fall out if possible.

the_lunatic_is_in_my_head

I don't think the council has anything to do with the fence unless it's higher than 1m when next to a highway. 

It sounds as if your door opens over their garden?

If this is the case I don't think there is much you can do. The neighbours are unlikely to agree to move the fence over as they'd potentially be giving away some of their land. 

Are you on good terms with them? Can you speak to them about the possibility of altering the plans so the section of boundary right next to where the car is parked being marked with something other than a fence.   

It could be tea and cake time for a friendly chat.

Manxman_in_exile

I don't think you can stop* them from erecting a fence along their property boundary.  It's their property.  (Unless you can find something in your deeds or theirs that says otherwise).

I don't know if there is a general prohibition* on a fence higher than 1m between neighbouring properties, but I doubt it.  (If there is all the fences around where I live - at least 5ft high - shouldn't be there!).  We live near the edge of a conservation area, and when the owners of one of the properties bordering the area erected a 7ft high fence adjoining the highway, without planning permission, the council told them to reduce it to 6ft (or it might have been 2m - I can't remember).

You really want to avoid having a dispute that you might have to disclose when you sell the property.

*Unless yours is one of those relatively modern estates where the developers have put in covenants to prevent or restrict the type of fence you can put up.  But then it has to be enforced by someone.

poalo2020

Unfortunately and for some un-known reason they refuse to discuss this in person...I have knocked their door several times knowing they are in, but they simply refuse to answer...! 
So...given the responses am I to assume that my driveway will become redundant, and that there is very little I can do about it...doesn't sit quite right 
PS: I am and have been trying to speak with the council, but have received limited response other then "thanks for your enquiry"

poalo2020

As an aside...when they undertake the works, and need to break up the concrete pathway...Are they liable if they damage my car in anyway...even if they suggest that I move it...!

Aylesbury_Duck

poalo2020 said:

Unfortunately and for some un-known reason they refuse to discuss this in person...I have knocked their door several times knowing they are in, but they simply refuse to answer...! 
So...given the responses am I to assume that my driveway will become redundant, and that there is very little I can do about it...doesn't sit quite right 
PS: I am and have been trying to speak with the council, but have received limited response other then "thanks for your enquiry"

If what you've told us is correct, then yes, but as I added above, it's not redundant if you can still park there and get out of one side.  Would the fence literally make it impossible to do that?

It might not sit quite right but this is the sort of thing to consider when buying a property, and if you were unsure that you could park/use the drive without trespassing on the neighbouring property, check with the solicitor.