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Even if you manage to get the wall removed (I very much doubt you could), you still can't use her land to get out of the car so it doesn't make any difference to you. In fact, a wall may make it easier as you can carefully open the door against it and then climb out without having to hold the door, which is easier than trying to squeeze out of a small gap while holding the door still.
I assume at the moment you're parking in the middle of gap so that people can get out on both sides, so why not let the passenger hop out, park right up against the wall on the passenger side and the get everybody else out of the driver side? When you have your second child, the baby goes behind the driver so you can stand next to him/her to get them out. You unbuckle the toddler by leaning across and then she climbs out herself, going past the baby seat. That's what people do when they park on the road and need to get the kids out on the pavement side.
If the gap is really too small, it sounds like you can either buy a smaller car or park on the road. Can you park across the end of your drive?0 -
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Why not use the other side door?
Your neighbour has done nothing wrong.0 -
Neighbour mentioned she is removing front grass and lavender bush for low maintenance as tenants never maintained it. Maybe she planned with just resurfacing and then the builder who is doing work is specialised in building wall ( he was asking me if I'm interested to build wall) so I think he might have advised just to make more money...she had put the property on the market 2 years back but maybe she is trying make it look better to sell it...But I think building wall around such a small front space (few square meters 5 max) might put off some potential buyers...
I think my only option is to check deeds document for any specific covenant and see if it helps...
Thanks for your response. appreciate it.0 -
I agree completely with what has been said about the neighbour's legal right to build the wall (subject to covenants) - and the ineffectiveness of a restrictive covenant when the neighbour could replace the wall with something just as effective.
I'd also add (in case you follow this as a line of legal action) something about this bit:-
...I would have advised the neighbour not to have a low wall 2 or 3 bricks high. This would be a potential trip/fall hazard, especially dangerous as it might be hidden from view for people sitting inside a car opening the door who could then step partially on/off the wall as they get out of the car and twist/break an ankle. (in highway design this kind of low wall is avoided wherever possible for those reasons).The guy was building the wall mediated and gave two choices:
Choice 1: stop the wall next to parking space just 1 meter deep from the pavement so other part will be empty and just block paving so it doesn't obstruct opening car door.
Choice 2: Build 0.65m height wall 1st around one meter deep and then drop the wall height to 2 or 3 bricks height so that I can open my car door.
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There was no news/work until next 2 weeks. But after 2 weeks builder came to build wall and he mentioned owner has advised him to build full height wall next to my car park. She never informed about change of decision. It was really shocking.
Also, a wall which is only 2 or 3 bricks high would be very close height-wise to the bottom edge of many car doors. You would have risked scraping the paint off the bottom edge of your (or visitor's) car doors if they were opened over the top of the wall.
The neighbour's decision to revert to a full-height wall could be fully justified on safety reasons (if they were required to justify it, which they are not).
In terms of relative cost of a low and standard height wall, a low wall would need to be constructed more robustly than a standard height one, as the risk of a low wall being hit (or driven over) is greater than for one of full height. Most drivers will take great care not to scratch their paintwork if they can see a wall, but think nothing of 'bumping up' a kerb (if they even see it) which is what a low (2 or 3 brick) wall amounts to. If the builder is a professional who is aware of such things, then the cost of making a low wall more robust could easily offset the saving of it not being so high. Your logic that it is lower and therefore cheaper does not necessarily apply."In the future, everyone will be rich for 15 minutes"0 -
Sounds like you've been stepping on your neighbour's garden and she's decided to do something about it. You'll have to park a bit closer to the wall on the other side.
A low wall wouldn't have helped since you'd be forever catching your car door on it or watching out for your kids tripping over it.
Unfortunately, loads of modern houses have poor parking and it sounds like you may have to adapt the way you park to better fit within your own land.
I can't see how it would bring down the cost of your house unless you planned to tell the next owner you had permission to walk on your neighbour's garden, which doesn't seem to be the case.0 -
You are still trying to dodge doing anything yourself to solve the problem.I think my only option is to check deeds document for any specific covenant and see if it helps...
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There may be no covenant, but let's suppose there is, who would have the benefit of it?
Answer: probably only the original builder. If they still exist, do you think the builder would now want to waste money on a legal challenge and enforcement? For what reason? Their interest in the houses probably died on the day they sold the last one.0 -
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In fact, a wall may make it easier as you can carefully open the door against it and then climb out without having to hold the door, which is easier than trying to squeeze out of a small gap while holding the door still.
Are you for real? Have you ever tried this? When I get out of my car, the removal of my weight from the suspension means the car lifts. If my door was hard up against a wall, the movement would scratch the edge of the door!
My old house had a driveway against a wall, I got out next to it every day, but I made sure I did hold the door!0
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