Driveway & Fencing Disputes

the_lunatic_is_in_my_head

poalo2020 said:

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...!

Generally speaking yes assuming you can prove the damage was caused by them through negligence but there must be better ways to annoy your neighbours than risk having damage to an expensive possession which is used regularly.

Aylesbury_Duck

poalo2020 said:

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...!

Yes, their contractor would be liable, but you have an obligation to provide reasonable access for their works and a certain amount of responsibility to protect your car.  If you just decide to leave it there despite requests to move it temporarily and it subsequently gets damaged, the contractor's insurer might reasonably ask what you did to minimise the chance of damage.

poalo2020

Thanks...and all is correct...! we have been neighbours with them for some 14yrs, and although car doors swing out over their path, we have always been respectful to not allow our footfall to use their path.
As for parking...bit of a mood point if we cannot physically get out of the car either side...!

Wanderingpomm

poalo2020 said:

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...!

Yes they would be liable for damage to your car. They have a duty of car to not damage it if it is fully parked on your property 

DoaM

Ah - so it's now both sides that can't exit. How? If the fence isn't there and both sides can exit, how does the fence being there suddenly prevent both sides from exiting?

poalo2020

Yes, their contractor would be liable, but you have an obligation to provide reasonable access for their works and a certain amount of responsibility to protect your car.  If you just decide to leave it there despite requests to move it temporarily and it subsequently gets damaged, the contractor's insurer might reasonably ask what you did to minimise the chance of damage
Surely, in the absence of the car being moved, the contractor has a duty to to take reasonable steps to reduce/minimise the risk...!

DoaM

poalo2020 said:

Surely, in the absence of the car being moved, the contractor has a duty to to take reasonable steps to reduce/minimise the risk...!

They do ... but any claim you'd make would assess all the information. The fact you've been given notice in advance and still took no action to mitigate the risk would act against you and likely lead to a reduced payout.

poalo2020

Thanks DoaM...so as explained in initial...The garage is set back from the main part of my house...!
As such...I have the gable end wall on one side leading upto my garage, and there pathway the other side.
If they now put the fence in...this will eliminate accessing/exiting the vehicle from either side...!

Soot2006

I understand this is annoying for you, but if you see it from their perspective, they might be putting up the fence precisely because they've noticed that your car door overswings their land and maybe this also means you/passengers sometimes step into it? In my neighbourhood this seems to be frequently resolved by a low boundary marking wall - under the height of the car door, so the car can still be exited, but the boundary is clear. For that you do need to get on with your neighbour, beg, grovel, buy them chocolates and write a handwritten letter of your own! That said, many people prefer the clean boundary of a fence.

I am always grateful when my neighbour tells me she's planning works to her front garden or hedge so that I can move my vehicles out of the way.   Of course their contractors would be liable for any damage to your car but it's still a faff. You'd still need to get it fixed, maybe go through your insurance to fight for a proper repair, etc ...

poalo2020

Thanks All...and yes extremely annoying to the point where I feel there is no necessity for the fence other than to cause me grief..that said I have responded by return letter and have to say it wasn't really "beg, grovel, buy them chocolates" sort of letter :-( ...Just before I close out...Is less than 48hrs notice appropriate