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Comments
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Which is of course what is in effect happening here. The OP was trying to stop the wall being built because it would cause them inconvenience.moneyistooshorttomention wrote: »I don't think it's that per se that's the concern normally. More like if someone decided to "do something or other" on that bit of their garden and then might find a neighbour was able to stop them.
If I were the OP's neighbour then I might consider allowing him to rent/buy part of that land (depending on the precise circumstances) if only to make it all legally sound. Whether or not I'd make that offer would depend on attitude and method of approach... which is another discussion.
If I understand the OP's description correctly, his house wall runs along 'his' side of the 2.68m 'space'. (it sounds like the typical set up with a garage set back from the front of the house allowing a car to park on the 'driveway' between the house on one side, and the property boundary on the other.)As an average vehicle is around 2m wide, they'd probably need to add about 0.6m to the side of their drive to achieve this, perhaps using paving slabs. It's a relatively small job and much easier than trying to persuade a neighbour to change their plans.
If so, then adding 0.6m to the width of his drive (on his side) would be slightly more than a 'small job'
;) "In the future, everyone will be rich for 15 minutes"0 -
Which is of course what is in effect happening here. The OP was trying to stop the wall being built because it would cause them inconvenience.
If I were the OP's neighbour then I might consider allowing him to rent/buy part of that land (depending on the precise circumstances) if only to make it all legally sound. Whether or not I'd make that offer would depend on attitude and method of approach... which is another discussion.
If I understand the OP's description correctly, his house wall runs along 'his' side of the 2.68m 'space'. (it sounds like the typical set up with a garage set back from the front of the house allowing a car to park on the 'driveway' between the house on one side, and the property boundary on the other.)
If so, then adding 0.6m to the width of his drive (on his side) would be slightly more than a 'small job';)
I would agree with this. It is a typical set up on modern estates.
What I imagine is a detached house with a very short front garden which has no wall between it and the pavement. The parking is on a driveway that runs down the side of the house. Because the front garden is very short in order to get the car off the road you have to have go down beside the side wall of the house. Next to the driveway there is a small area of planted garden that belongs to the next door neighbour there may also be a path between it and the wall of the next door house giving access to the backgarden or it might just be an area of garden between the two properties. There is a mention of the neighbour having parking at the back. This is often the case with modern properties that are built on a corner. Their parking space is at the bottom of the garden accessed from round the corner.
The driveway of the OP's property is too narrow for them to be able to open their car doors on both sides. I think it is often the case that the drives on modern houses are too narrow for the doors to be opened on both sides while the car is parked in the drive. What the OP has been doing is using the garden area belonging to the neighbour to get into and out of the car for 2 1/2 years. If their front garden is very small they won't be able to move the car over onto the front garden to give more room to get out on the otherside. The only option would be for all occupants to either get out one side on the drive or to get out both sides when the car is parked in the road.
The neighbour has got fed up with the OP using her garden to get into and out of his car. The OP is annoyed because he had got used to using her garden and wrongly assumed that he would be able to continue. However he had no right to start doing this in the first place so there is nothing he can do about the wall and technically he hasn't lost anything. He bought a house with a drive that was too narrow for him to open his car doors on both sides. He still has that. What he has lost is the ability to exploit the neighbour by using her garden to access the car doors on the other side. However he never had that he probably just assumed that no one would notice because the house on the other side was let?0 -
If I understand the OP's description correctly, his house wall runs along 'his' side of the 2.68m 'space'. (it sounds like the typical set up with a garage set back from the front of the house allowing a car to park on the 'driveway' between the house on one side, and the property boundary on the other.)
If so, then adding 0.6m to the width of his drive (on his side) would be slightly more than a 'small job';)
If there's no front garden of any substance, then you're right.
If there is, then Doozergirl and I may be forgiven for thinking that there could be a belt & braces practical solution.
It's the familiar problem of a picture being worth a thousand words. Either way, it's not something I'd move house over, without some other major factor, like a busy road, making entering/leaving/loading the car very tricky.0 -
Yes, with house there is a covenant which states no walls can be built on the boundaries of the front gardens. Whether it is something that would be enforceable is another matter
How do you know unless you are the OP using two names?Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.0 -
I have never seen such a long post by the OP saying so little.
You cannot stop someone building a wall on their land if it is safe and complies with planning laws, unless there is a covenant that states that no wall can be built. Even then going to your home insurer is pointless unless the insurer offers a full legal insurance and is willing to undertake a civil lawsuit.
Nobody has a right to open a car door over their neighbours land unless the deeds state that they have a right to use that land.Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.0 -
I agree with both of you, it would be the obvious way to go if that were possible. But this bit suggests not:-If there's no front garden of any substance, then you're right.
If there is, then Doozergirl and I may be forgiven for thinking that there could be a belt & braces practical solution.
It's the familiar problem of a picture being worth a thousand words. Either way, it's not something I'd move house over, without some other major factor, like a busy road, making entering/leaving/loading the car very tricky.We have got single car park (2.68 meter width) in front of garage and there is our house wall at one side of car park. These houses were built in 1999 and other side of my car park there were edging plants bordering the neighbour boundary...
A lesson for all house buyers... spend more time thinking whether the drive/garage is big enough to open your car doors on/in, less time admiring the kitchen and bathrooms. The latter can always be changed (which you'll probably want to do after a few years anyway), the former is rarely something which can be economically improved.
With new builds the developer will try to ensure you only think about the latter.
"In the future, everyone will be rich for 15 minutes"0 -
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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.
That is what people have been telling you to do.
Personally I would rather have a wall. She could just plant some prickly rose bushes!Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.0 -
I was replying to a comment made by Lorian not the OP, .
It does not matter who you were replying to as you said
"Yes, with house there is a covenant which states no walls can be built on the boundaries of the front gardens. Whether it is something that would be enforceable is another matter "
There is only one house in this discussion and the above suggested that you knew what its deeds state. If that is not what you meant fair enough but criticising the comment does not help when your words were ambiguous.Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.0 -
The OP owns land which is part of the land originally benefiting from the restrictive covenant applying to the neighbours land. Assuming a conventional housing estate situation, the developer would have applied restrictive covenants to each plot as it was sold. Each house is subject to the restrictive covenants set out in its original conveyance. But each house is also a sub-division of the original development site and can therefore enforce the covenants against the other houses.
I agree it would be pointless in this case.
I agree with your point. But I would add that most estate builders do this to encourage uniformity on the site in the early days particularly when some houses are not yet sold. They often ban satellite dishes too but they spring up too.Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.0
This discussion has been closed.
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