Fence put up between on shared driveway

StandTall55

Just came home tonight from work and the neighbour has decided to put up a fence along the shared drive way without my knowledge.

I have owned the house for 20 years (rented out the last 15 years) and have only decided to move back in April to do it up and live in with my family. There has been a few words from the neighbour about the noise over the last few months but they don’t understand construction work is noisy. I think they have put the fence up to get back at me.

I know the pervious owners of my house had the same problem back in 1978 with there neighbours and when the fence was put up the council made them remove fence (have paperwork from the council and solicitors on the topic)

As I took down my garage 15 years ago do I lose my rights to drive my car down the shared drive and park it in my garden?

Thanks for any help 

grumpy_codger

StandTall55 said:

...
As I took down my garage 15 years ago do I lose my rights to drive my car down the shared drive and park it in my garden?

You definitely don't

Albermarle

Do you have legal expenses cover with your home insurance? Can be useful in this kind of situation.

StandTall55

Forgot about that - I will check my insurance  - thank you for your help 

Section62

StandTall55 said:

...
I know the pervious owners of my house had the same problem back in 1978 with there neighbours and when the fence was put up the council made them remove fence (have paperwork from the council and solicitors on the topic)

As I took down my garage 15 years ago do I lose my rights to drive my car down the shared drive and park it in my garden?

Why did the council get involved in 1978?  Was it a planning issue, or is there some kind of covenant because the houses were previously council ones?

Can you be a bit more specific about the type of 'shared driveway'?  For example, is it one driveway which is only wide enough to get one vehicle along, or is it a wider driveway which two cars could park side-by-side on, but with no fence between them?  Do you each own half the land the driveway is on, or does one of you own the whole area?

Is there something specific in your deeds which gives you right of way over the neighbour's half of the driveway?

As others have said, removing your garage shouldn't affect your right of way. (unless it was worded in a very specific way relating to parking in the garage - but that would be highly unusual)

StandTall55

The council got involve back in 1978 as it was tenant living at the neighbour property and it stopped vehicles from driving between the houses to access the garage in the back garden 

one half of the driveway each and you can only get one car between the building on the shared drive way (no access for a vehicle now as fence in the middle) 

nothing in the deeds with regards to wording, but on the drawings the boarder between the houses is dotted and not a full line and it shows lined gates at as you get pass the houses which is connected to the rear garden fence. Other houses on the plans don’t have these type of symbols or makes (full lines or open back gardens with no gates) have walked up the road and the 10 houses on my side of the street, half have fences down the middle of the shared drive ways and other don’t just gates to get a car into the back garden.

No wording about the garage, just assumed that if the garage was taken down it meant that I didn’t want access for my vehicle 

Eldi_Dos

There might be a inclination to just let it go and not create any hassle, but with the coming of electric vehicles,  having a space at the rear of your property to park and recharge will not only be useful but I would think add value to your property.

Edit:  Both your properties.

Section62

StandTall55 said:

The council got involve back in 1978 as it was tenant living at the neighbour property and it stopped vehicles from driving between the houses to access the garage in the back garden 

one half of the driveway each and you can only get one car between the building on the shared drive way (no access for a vehicle now as fence in the middle) 

nothing in the deeds with regards to wording, but on the drawings the boarder between the houses is dotted and not a full line and it shows lined gates at as you get pass the houses which is connected to the rear garden fence. Other houses on the plans don’t have these type of symbols or makes (full lines or open back gardens with no gates) have walked up the road and the 10 houses on my side of the street, half have fences down the middle of the shared drive ways and other don’t just gates to get a car into the back garden.

No wording about the garage, just assumed that if the garage was taken down it meant that I didn’t want access for my vehicle 

With no relevant wording in the deeds, and nothing on the plan specifying what the dotted line means, the exact reason for the council's involvement in 1978 is likely to be important.

StandTall55

The councils involvement in 1978 was to remove a fence that was put up in the middle of shared drive way.

Section62

StandTall55 said:

The councils involvement in 1978 was to remove a fence that was put up in the middle of shared drive way.

But why?  Councils don't normally take fences down for no good reason.  The exact reason (which should be in the paperwork you have) will give you an idea whether there's a reason the fence can't be put back up now.