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Neighbour saying my garage is in his Garden

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Comments

  • xmeenax
    xmeenax Posts: 23 Forumite
    10 Posts
    Thank you. You've all been a great help. That's what I will be communicating to my solicitor tomorrow and take it from there.
  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Looking at old OS maps, there is something on the 1970 one which might include that garage - as this might predate the digital registration, it would be something to explore with the solicitor if the drawn boundaries are correct.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • user1977
    user1977 Posts: 18,875 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    edited 7 May 2022 at 11:16PM
    Hmm, it certainly looks like a past owner of your property took advantage of that right of way a bit far - maybe with the agreement of a past owner of the neighbour's property, maybe not.  But you will also probably want to look out for your neighbour trying to take advantage in turn and make sure that right of way stays clear for you.
    Yes, although the OP's garage shouldn't be on the neighbour's land, there's little in practice that the neighbour can use the land for without interfering with the right of way. So in what way is the garage "stopping his plans", because he's not going to be able to build on the right of way either?
  • F1shyFingers
    F1shyFingers Posts: 39 Forumite
    10 Posts
    edited 7 May 2022 at 11:31PM
    xmeenax said:
    So you agree that your garage is encroaching into the neighbours garden?
    From those images, yes. It's not something I became aware of until today, though legally I guess that doesnt help me.

    I was just wondering because my garage falls into an exit/entry point to my property, do I have any kind of legal right? Because if my neighbour were to build an outer house of some sorts there (even if it is his land), he would be blocking an exit point. If you look at the image, plans to do it on a ally way/road that leads to a main rd, if that makes sense.
    You appear to have 5-6 times the "access" across the rest of the rear of the property.  What's to stop you punching a hole through that to get access?
  • MalMonroe
    MalMonroe Posts: 5,783 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    Tranboy said:
    Caveat emptor.
    Helpful? Not really.
    Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.
  • HampshireH
    HampshireH Posts: 5,004 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    xmeenax said:
    So you agree that your garage is encroaching into the neighbours garden?
    From those images, yes. It's not something I became aware of until today, though legally I guess that doesnt help me.

    I was just wondering because my garage falls into an exit/entry point to my property, do I have any kind of legal right? Because if my neighbour were to build an outer house of some sorts there (even if it is his land), he would be blocking an exit point. If you look at the image, plans to do it on a ally way/road that leads to a main rd, if that makes sense.
    You appear to have 5-6 times the "access" across the rest of the rear of the property.  What's to stop you punching a hole through that to get access?
    Doesnt the map show OP land to be at the far end of the access road? What area would they be getting access from if not here? 
  • TheJP
    TheJP Posts: 1,991 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    xmeenax said:
    The top image is from my documents and the second from the seller. I've put a little black line where the garage is situated.
    Is your neighbour number 54? If so and looking at google maps it looks like half of your garage is in their land. Also your garage is where the access road ends which if your neighbour was to build anything it wouldn't block access as your garage does. All assuming i have the house numbers right. 
  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 May 2022 at 9:48AM
    TheJP said:
    xmeenax said:
    The top image is from my documents and the second from the seller. I've put a little black line where the garage is situated.
    Is your neighbour number 54? If so and looking at google maps it looks like half of your garage is in their land. Also your garage is where the access road ends which if your neighbour was to build anything it wouldn't block access as your garage does. All assuming i have the house numbers right. 

    I think the OP is 54.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • BikingBud
    BikingBud Posts: 2,714 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    TheJP said:
    xmeenax said:
    The top image is from my documents and the second from the seller. I've put a little black line where the garage is situated.
    Is your neighbour number 54? If so and looking at google maps it looks like half of your garage is in their land. Also your garage is where the access road ends which if your neighbour was to build anything it wouldn't block access as your garage does. All assuming i have the house numbers right. 
    I read it the other way round, OP is 54.

    Back garden already looks busy.

    @F1shyFingers - Would they have right of way across Aldi carpark?
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 May 2022 at 9:22AM
    Neighbour appears to think that the access road is their land. 
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