Neighbour planning on rendering party wall which will narrow my driveway access

Discombobulated1234

I own my property which my access relies on a right of way down the driveway owned by my neighbour.  To access my property and parking in front of my property, I have to drive between two buildings, one which belongs to me, and the other is a wall belonging to my neighbour.  The gap between the two is already quite narrow, and today I have found that my neighbour (who has taken a disliking to me since i moved in and therefore a civil conversation is not in question) is now planning on getting their wall rendered which would narrow my driveway by approx. 4 inches. Their wall sits within my property boundary. Are they allowed to do this? Surely restricting me access to my property is not legally allowed as they would essentially be changing the boundary of their property by getting it rendered and therefore encroaching into my property? Please help!!

rob7475

Is the wall they want to render a wall for a building or just a dividing wall? If the wall is within your boundary, surely it's your wall?

Actually, you mention the drive is owned by your neighbour so how is the wall within your boundary? Can you post a picture or drawing of the layout?

Grenage

4 inches, for render!?

Section62

Grenage said:

4 inches, for render!?

+insulation, presumably.

So there's also a question whether they are applying for/have got planning and/or going through building control for the work.

Discombobulated1234

Hopefully this scribbled drawing explains further - The blue circled wall is the wall in question. The drawing reflects the plans for the property. 

molerat

You need to check the plans & deeds for both properties because if the orange  is your property right up to their wall then they cannot encroach onto it.

Section62

Discombobulated1234 said:

Hopefully this scribbled drawing explains further - The blue circled wall is the wall in question. The drawing reflects the plans for the property. 

So if you own up to the face of the existing wall, and there's nothing in the deeds allowing them to extend their wall over your land, then they can't build what amounts to a 4" extension over your property without your agreement.

The question is whether your land does go right up to the face of the wall, and whether or not they have rights to build over your land. (e.g. it is common for eaves/soffits to be over the boundary, sometimes with a legal right to do so).