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Property Rights
KEMYST
Posts: 44 Forumite
Hi I`m new to this so would be grateful for any help that anyone can give me. I am really trying to ward off an escalating dispute. The next door neighbour has a right of way over our property - we do not dispute this - it has never been a problem. The previous next door occupants had a conservatory built where one wall is constructed directly on the boundary between the two houses.
There is a door in this wall that allows next door access to the right of way. We have or had no problem with this. We have been informed that next door intend to tear down the conservatory and build a new one. We have no problem with this - even though it will render our patio unusable for three weeks because the builders will require access to next door`s garden.
The point of contention is the door. Previously the boundary door swung inwards and there was no problem but the new neighbours want the door on the new conservatory to open outwards. The door, when fully open will encroach about three feet inside my patio. I think that their rationale is, that since they have a right of way, they can have the door swing either way. My point is that since I do not intend to impede their access to the right of way the issue of the door is simple encroachment on my property. Any help?
Please note that as suggested by a forum advisor this post has been copied from a `consumer rights` thread
There is a door in this wall that allows next door access to the right of way. We have or had no problem with this. We have been informed that next door intend to tear down the conservatory and build a new one. We have no problem with this - even though it will render our patio unusable for three weeks because the builders will require access to next door`s garden.
The point of contention is the door. Previously the boundary door swung inwards and there was no problem but the new neighbours want the door on the new conservatory to open outwards. The door, when fully open will encroach about three feet inside my patio. I think that their rationale is, that since they have a right of way, they can have the door swing either way. My point is that since I do not intend to impede their access to the right of way the issue of the door is simple encroachment on my property. Any help?
Please note that as suggested by a forum advisor this post has been copied from a `consumer rights` thread
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Comments
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They have no right to insist the door opens onto the row. They have a right to cross the property, nothing else. Its their choice to have a door there. Room to open it is their problem.
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As Norman says - they don't have the right to do this. Watch what happens when the builders arrive. If it looks as if they are going ahead with the planned door, you may need to get help from a solicitor.KEMYST said:The point of contention is the door. Previously the boundary door swung inwards and there was no problem but the new neighbours want the door on the new conservatory to open outwards. The door, when fully open will encroach about three feet inside my patio.
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Like I said on your other thread, pop up a gate on YOUR land. Obviously they can use the gate since they have a ROW, but they won't be able to open a door into it!
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Best, simplest and cheapest ideaSoot2006 said:Like I said on your other thread, pop up a gate on YOUR land. Obviously they can use the gate since they have a ROW, but they won't be able to open a door into it!30th June 2021 completely debt free…. Downsized, reduced working hours and living the dream.2 -
If they fitted the door opening outwards a small post on the lock side would prevent it opening. They would have blocked their access to the row with their own door.Mojisola said:
As Norman says - they don't have the right to do this. Watch what happens when the builders arrive. If it looks as if they are going ahead with the planned door, you may need to get help from a solicitor.KEMYST said:The point of contention is the door. Previously the boundary door swung inwards and there was no problem but the new neighbours want the door on the new conservatory to open outwards. The door, when fully open will encroach about three feet inside my patio.
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I`d like to thank everyone for their help in this matter but now I really, really need some help. The conservatory is being constructed by the dreaded Anglian company and it was they who submitted the plans for the local council planning and development department. I have just viewed these plans for the first time and sure enough, there is the offending door with `out` written on the plan. However the Anglian plan does not show that there is someone`s property butting onto the boundary so planning permission has been given for the construction of the conservatory as planned. What can I do?0
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The planning permission makes no difference to your property rights. The above advice still applies.0
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Do you have legal cover on your building insurance?You need a solicitor to issue an injunction to stop the work until the door opening onto your property is resolved.0
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Phone the Planning Office asap. Take photos and send an email too. Ask for a stop on the building until this has been discussed. Go!1
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Phone Anglian as well.0
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