Query about neighbour fencing attached to our property...

Wishywashy74

Quick one, so my partner has a double garage and then there is another garage belonging to the neighbours, between the garages there was a double parking bay which was his parking area. A few years ago he approached my partner to ask if he could attach a fence to her garage so basically they could then extend their garden by using up their parking bay.

My partner says she gave him her approval all those years ago on the premise he parked his car in the garage, so parking out the back did not suffer to which he agreed.

Anyway moving on now a few years down the line, he now has two cars which he parks out the back due to not-one of them going in the garage, the area now where he has extended his garden has turned into a sh-ttip where he stacks logs of wood, and has built a hot tub. All the while parking out the back is now starting to get to me constantly having to move cars as his parking now means less room to manoeuvre.

Then to top it all he's now taking to putting a budgie in the garden where it sits chirping away all day driving my partner up the wall as she likes to sit in the garden, when she has repeatedly asked him not to do it. I'm at the point of all good will neighbourly actions are done now and I'm looking at what rights we have with issue about the fence been attached to my partners side of the garage and now the fact we can't even get access to maintain it.

Problem is, my partner doesn't like a scene yet she constantly bemoans the fact she can't sit in the garden enjoying the peace and quite, and I'm tempted to go round and have it out with him and maybe mention about the fence (my partners goodwill taken advantage of) and lack of access to the side of the garage now where it looks an absolute mess, paintwork wise and the edgings need doing.

I should mention we also live in a area which has specific covenants and also any time you want to do something to your property you generally have to ask permission of the estate management.

Wishywashy74

Quick one, so my partner has a double garage and then there is another garage belonging to the neighbours, between the garages there was a double parking bay which was his parking area. A few years ago he approached my partner to ask if he could attach a fence to her garage so basically they could then extend their garden by using up their parking bay.

My partner says she gave him her approval all those years ago on the premise he parked his car on the garage, so parking out the back did not suffer to which he agreed.

Anyway moving on now a few years down the line, he now has two cars which he parks out the back due to not-one of them going in the garage, the area now where he has extended his garden has turned into a sh-ttip where he stacks logs of wood, and has built a hot tub. All the while parking out the back is now starting to get to me constantly having to move cars as his parking now means less room to manoeuvre.

Then to top it all he's now taking to putting a budgie in the garden where it sits chirping away all day driving my partner up the wall as she likes to sit in the garden, when she has repeatedly asked him not to do it. I'm at the point of all good will neighbourly actions are done now and I'm looking at what rights we have with issue about the fence been attached to my partners side of the garage and now the fact we can't even get access to maintain it.

Problem is, my partner doesn't like a scene yet she constantly bemoans the fact she can't sit in the garden enjoying the peace and quite, and I'm tempted to go round and have it out with him and maybe mention about the fence and lack of access to the side of the garage now where it looks an absolute mess, paintwork wise and the edgings need doing.

I should mention we also live in a area which has specific covenants and also any time you want to do something to your property you generally have to ask permission of the estate management.

Albermarle

Threads about boundary disputes, arguments about fences etc are a regular feature in this forum, which is probably a better place for your questions.

House buying, renting & selling — MoneySavingExpert Forum

Brie

I've closed your other post to stop getting responses in 2 different places.

And I'd advise against going around to have it out with him but you know that already I'm sure. I only mention it because those things can spiral out of control and then your partner may well have trouble selling her property due to the conflict.

Perhaps your partner can have some music playing to distract her from the budgie? With or without headphones? Must admit my OH when annoyed with a neighbour has been known to crank up the stereo and fling open the lounge doors - depending on his mood it will be Wagner or the Pogues all the way up to 11.

sheramber

If he is parking on his own property and storing wood on his own property then there is not much you can do about it.

I doubt his budgie chirping in the garden can be classed as a nuisance. The wild birds chirp too.

You are entitled to ask him for access to maintain your garage.

Unfortunately, we cannot dictate how our neighbours live if they are not breaking the law.

Chief_of_Staffy

I'm not sure the noises of a lone budgie are sufficient grounds for a noise nuisance complaint. I can't imagine they're even noticeable. Try 300 crows and a field of spring lambs.

Other than that, what do you want him to do? Park more considerately? You could try asking, other than that the options are limited. The agreement regarding the fence and garage isn't worth anything because there's no way of enforcing it, it's just a vague discussion that happened years ago. You could ask he remove the fence from your wall but what would be the benefit?

As for access, you can still get access, you just need permission. That has always been the case, though, back when it was a car parking space. If he doesn't give permission and you need to perform maintenance, the courts will instruct him to grant it. But he's more likely to give you permission right away if you stop whining about his budgie.

Section62

https://forums.moneysavingexpert.com/discussion/6669750/query-about-neighbour-fencing-attached-to-our-property

Anyway moving on now a few years down the line, he now has two cars which he parks out the back due to not-one of them going in the garage, the area now where he has extended his garden has turned into a sh-ttip where he stacks logs of wood, and has built a hot tub. All the while parking out the back is now starting to get to me constantly having to move cars as his parking now means less room to manoeuvre.

Can you clarify, is the area he is parking on part of a shared drive or parking area? If it is shared, is the area between the garages (now fenced off) part of the defined shared area?

Jemma01

Trying to visualise this... If you ask for the fence to be removed, can't he just build an adjacent one on his land that would prevent you entirely from having access to the wall? At least now you can ask for permission, but if he builds something adjacent on his land, it would certainly be in the way. You honestly aren't expecting him now to go back to what it was before? Sounds like it's time to sell and move on.

GrumpyDil

I'm wondering if this was similar to a parking area at an old property where every property had a garage and one car parking space with a right of way over the shared area.

Is the neighbour parking on a shared area or somewhere he is allowed to park?

WIAWSNB

More info required, WW74.

A sketch of the land/parking situation would also help.

Bottom lines;

If he has fitted the fence on his side of the boundary line, then it's his, 100%.

He has, however, attached it to 'your' garage, with permission, but that permission can be revoked at any time. But be sure you have good reason for doing so. Ie, if it's just to be churlish, then what's the point? If the fence will remain in the exact same position, then what's the point?

If he is entitled to park outside his garage wherever, then you have no right - or expectation - that he sticks one car in his garage. He may have 'agreed' this, but it's legally meaningless.

If his parking is impeding your access to your house, however, then there may be a case for action.

Everyone has the 'right' to access a neighbouring property to carry out maintenance and repairs - it's a standard clause in almost every deed - but a recalcitrant neighbour may need to be forced to do so using a court order. But why do you need to access his side of his fence?

The budgie may well be a nuisance, and could well be actionable, but it would need to be deemed so by the 'authorities' - the LA, for example. Again, make sure it's genuinely insufferable, and not just getting on yer nerves due to the owner.

In any such case, there are two things to check; the first is whether you have Legal Protection included in the house insurance, and the second is yourself. Ie, you behave with unimpeachable reasonableness - through gritted teeth if needed - and let all the arrisoledness be theirs.

vacheron

OP, please don't use the line "there is a bird chirping outside" as part of your argument or any valid points you have will lose all credibility!

As I type I can hear about 20 loud birds through my office window, as can probably 50% of the UK population.