Driveway & Fencing Disputes

born_again

poalo2020 said:

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...!

So is your house right up to the road?
How do you get out of the car in the garage?
Clearly only one person gets out the neighbours side, so how does the other person get out?

Aylesbury_Duck

poalo2020 said:

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 

Not ideal, but nothing wrong with it.  They don't have to give you any notice at all, it's their land.

poalo2020

Hi DoaM...So my driveway runs past the front elevation of the house, If i reverse on both driver and passenger can currently exit (obviously driver wont be able exit if fence is in place)...so if I drive on forward...Driver can exit...but passenger wont be able to. In any event if I reverse onto the driveway, with the fence in place neither back seat passengers will be able to exit. (shame I cant upload a photo - would explain a lot more) 

Aylesbury_Duck

So it sounds like there's a "pinch point" where the drive gets too narrow.  Bad design I'm afraid - I'm guessing yours is a new-build?  Some of the new-build estates around my way have ridiculously narrow drives and garages, so that people just abandon their cars on pavements and verges.

As others have advised, it really is in everyone's interest for this to be resolved amicably.  Once that fence is up, it will already make your house harder to sell because all potential buyers will now be able to see the previously semi-invisible boundary and the limitations it brings.  Throw in a neighbourly dispute (which if it gets to that point, you will have to declare by law when you sell) and people will just walk away.  

photome

poalo2020 said:

Hi DoaM...So my driveway runs past the front elevation of the house, If i reverse on both driver and passenger can currently exit (obviously driver wont be able exit if fence is in place)...so if I drive on forward...Driver can exit...but passenger wont be able to. In any event if I reverse onto the driveway, with the fence in place neither back seat passengers will be able to exit. (shame I cant upload a photo - would explain a lot more) 

Easy fix is passenger gets out before you drive on to your driveway. Not ideal of course
Can you both get out if you drive past the house to the garage door.
48 hours is adequate notice as they probably dont have to tell you at all.

As for the damage to your car, why would you leave it in harms way given that you know the works are taking place.

photome

poalo2020 said:

Hi DoaM...So my driveway runs past the front elevation of the house, If i reverse on both driver and passenger can currently exit (obviously driver wont be able exit if fence is in place)...so if I drive on forward...Driver can exit...but passenger wont be able to. In any event if I reverse onto the driveway, with the fence in place neither back seat passengers will be able to exit. (shame I cant upload a photo - would explain a lot more) 

i think you can upload to a file sharing site

DoaM

I can visualise now what the OP is saying ... if the OP parks the car in front of the garage door then the gable end (side) of their house is beside one side of the car - which side depends on whether the OP drives or reverses to that position. If OP reverses then they are still able to exit the vehicle using the offside (driver's side) doors, said doors swinging out over the neighbour's land. (The nearside doors are obstructed by the gable end of the house). Once a fence is in place then the OP is unlikely to be able to open the door far enough to be able to exit the vehicle.

@OP ... would it be possible to park the vehicle very close (i.e. inches) to the gable end (or the new fence) and be able to open the doors far enough? i.e. park very much to one side of the drive.

Manxman_in_exile

Maybe I'm not visualising this correctly, but if you currently drive frontwards* onto your driveway and the driver gets out on the neighbour's side, then all you need to do is reverse in and the driver can still get out?  Anyone in the passenger side will just have to get out before you reverse in.  Perhaps not ideal but not a disaster either.

FWIW, I would not want to live in a house where the boundaries with my neighbours are not delineated by a fence at least a metre high.  Maybe your neighbours have decided that a proper demarcation between the properties adds value to theirs because it makes it more sellable?

*Or vice versa.

Sandtree

They would be liable, there could be some grounds for contributory negligence (like someone injured in a non-fault car crash when they weren’t wearing a seatbelt) which if argued would reduce payments but why risk your car? Do you really want to end up with a car in the body shop and then parking problems after?

sheramber

We had that situation. Our neighbour had a fence running from his garage to the  front of his house. 
The garages were side by side set back from the houses.
 Passengers had to get out of the car when parked on the drive before the fence and the driver was able to squeeze out against the gable end once the car was driven forward.