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neighbour building wall - obstructing to open car door

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Comments

  • whatdoyouthink...
    whatdoyouthink... Posts: 125 Forumite
    First Anniversary First Post
    rajgn wrote: »
    She decided to get rid of lavender bush and also front garden grass for low maintenance.

    Can you not just do this and park your car there??
  • FBaby
    FBaby Posts: 18,367 Forumite
    First Anniversary First Post Combo Breaker
    Why would she decide on the build of her property dependently to the size of your car, or the fact oyu have small children? She is spending money on her property for a reason even if that reason doesn't suit you.

    For all she knows you could be gone tomorrow and the new owners would want a wall build there themselves.

    People are not there to make decision on their property just to suit you. Why aren't you parking your car in your garage?
  • Badger50
    Badger50 Posts: 123 Forumite
    edited 10 October 2018 at 4:38PM
    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.

    Restrictive covenants run with ownership of the land. Since the OP now owns a part of the land benefiting from any covenants he can enforce them.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    Badger50 wrote: »
    Restrictive covenants run with ownership of the land. Since the OP now owns a part of the land benefiting from any covenants he can enforce them.



    But the OP does not own the land..... the neighbour does.


    Do keep up
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Name Dropper First Anniversary First Post
    edited 10 October 2018 at 5:04PM
    Comms69 wrote: »
    But the OP does not own the land..... the neighbour does.


    Do keep up

    Still possible

    Lot of ifs here.

    If there are restrictive covenants

    If they are in the paperwork

    How the estate runs etc etc

    https://www.harrison-drury.com/business-law/dispute-resolution/challenging-and-enforcing-restrictive-covenants/

    ETA.

    I do agree, though, with EachPenny and others that it wouldn't be a practical challenge because of the alternatives available to the neighbour.
  • teddysmum
    teddysmum Posts: 9,471 Forumite
    First Anniversary Combo Breaker First Post
    If anyone is at fault it is the builder who didn't allow enough space between the houses. It's like the cases of houses being built with garages wide enough for a small car to enter, but not allow the driver room to get out of the car.


    The builders had provided garages as required but it was up to the buyers to measure up to see if there was space for their car to be used.
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    First Anniversary Name Dropper First Post
    If you find that there is a covenant that means that she can't build a wall there and she has to remove it, it will make no difference to you because you are not allowed to open your car door over her land. So whether there is a wall there or not you still can't open the car door on that side because there is no room for it.



    As you say neighbours have to be considerate to each other but I suspect that you are trying to get this wall removed so that you can continue to open your car door over her garden. That is not being considerate. That is taking advantage of someone.



    Also if you find out that there is a covenant there won't be one against someone planting a very prickly hedge.



    What you need to do is to find a solution to your problem with anything to do with anything that your neighbour does.



    Start from the idea that the wall is there to stay it is not going to be removed and then find a way to park that doesn't involve using someone else's garden to get out of the car. Make sure that all the car doors open over either land you own or in the road.
  • rach_k
    rach_k Posts: 2,236 Forumite
    First Anniversary Name Dropper First Post
    AndyTails wrote: »
    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!

    I suppose it depends on the person's weight! I've done this before - I'd say I'm fairly average for a 30-something mum - and never had any damage. You could probably get something to stick on the door to protect it if you were concerned, or ask the neighbour nicely if you could fix something to the wall instead.
  • MysteryMe
    MysteryMe Posts: 3,051 Forumite
    First Anniversary Name Dropper First Post
    edited 10 October 2018 at 7:26PM
    G_M wrote: »
    ????????

    :huh:

    Are you related in some way to rajgn? Do you live on the same estate? Or are you perhaps his/her neigbour.....?

    How do you know there is a covenant and how do you know what it says?

    I was replying to a comment made by Lorian not the OP, have you asked them if they are related to the OP or have you used up your trolling quota for the day? I missed out the word "my" but that is no excuse for the manner of your response.


    I have no idea whether I am related to the OP or live on the same estate but when the housing estate I live on was built in the 1970s restrictive covenants were put in place regarding layout of front gardens and indeed also not parking commercial vehicles on driveways. These are freehold properties not leasehold.

    How do I know? Well let me have a think. Have I just decided to waste my time making some fanciful story up or was I provided with paperwork from when the estate was built by my solicitor when I bought the property?

    Hmm, difficult one. :rotfl:
  • Badger50
    Badger50 Posts: 123 Forumite
    But the OP does not own the land..... the neighbour does.


    Do keep up

    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.
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