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  • FIRST POST
    • rajgn
    • By rajgn 9th Oct 18, 6:46 PM
    • 5Posts
    • 8Thanks
    rajgn
    neighbour building wall - obstructing to open car door
    • #1
    • 9th Oct 18, 6:46 PM
    neighbour building wall - obstructing to open car door 9th Oct 18 at 6:46 PM
    Hi,
    Apologies for long post...
    We need your advice as we are first time owners and bought our first 3 bedroom detached house 2 1/2 years back by spending fortune. We din't have any issues so far.

    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 planted by builder when this layout/residential estate was initially built. The edge plants were planted bit inside to neighbours area as those plants are maintained by them . Similar approach followed in other houses in our area. No one has built any wall in front of their house in our residential estate. I have checked Land registry plan for the high level border but yet to get deeds copy to check the detailed plan/boundary.

    But our left side neighbour owner (old lady) who is not living in the house has rented house to some tenants since few years(before we bought the house). She decided to get rid of lavender bush and also front garden grass for low maintenance. Their front garden space is very small and not able to park any car either. They have got parking at the back of their house.

    They never notified about any work whatsoever . They initially started to remove lavender bush and grass and build wall in-front of their house and also other side of their house which is adjacent to road. I did check with guy who was building wall and he advised they don't have any plan to remove edge plants next to my car park. Apparently owner had asked his advise and he advised her not to remove edge plants.
    The front and road side wall is completed. But after almost a week break then builder came back to work. I did check in the morning around 8 AM and he mentioned - he had been advised to remove edge plants and build wall. I immediately raised my concern and asked builder to call owner as she lives somewhere else and I dint have her contact number.

    Owner came at around 1:30 PM with main builder and I raised my concern with her. Her first words were 'wall going up there(pointing the location)'. She was not approachable but me and my wife try to convince her and also mentioned that it will be very difficult as we have 2 1/2 year old daughter. We mentioned that it will be difficult to put my daughter to car seat or get her out. They were advising to let passengers out first and the park the car. But I raised my concern that it will be difficult for the driver itself to get in/out of the car.

    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.

    I wanted first option but she forced me to accept choice 2. I was not happy but ok. I took her contact number and then we all departed.

    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.
    I tried to call her on mobile and left voicemail and also sent her text messages explaining the issue. She called me back after sometime and said she is going to build wall and has contacted the solicitor. I asked her if she has checked my text messages but she said no. I never got any response to text messages.

    I consulted my car insurance legal team for their advice and they advised me that I can arge on private nuisance and they advised me to contact home insurance legal team. I contacted my home insurance legal team 2nd time ( first time they had rejected saying she can build wall in her boundary within certain height and can't stop legally). But I mentioned about private nuisance advised by car insurance legal team and why this was never mentioned first time. Then they mentioned they could have advised better first time.

    Home insurance legal team asked me to send objection letter raising my concern/issues with owner. I wrote a letter and printed and then posted one through post office and also personally delivered other copy to their house. Builder was constructing the wall when I delivered the letter. On the same afternoon lady and her father came and just father was trying to tell me that they have already consulted their solicitors etc. I asked him why they changed the decision even though it was mutually agreed other day that they are going to drop wall height next to my car park just 2 to 3 bricks height so that I can just open my car door. He mentioned builder told them that dropping wall would cost more. I couldn't believe this as short wall means less bricks/labour/cost. The owner (lady) didn't bother to speak as was discussing with guy who was building the wall by holding the letter I had hand delivered.
    I dint have any interest to talk to them any more and I said thank you and came home.

    They just carried on building the work even though I raised my concern. Its been 3 days and now wall is completed.

    I contacted our local council and they said as long as they are building in their boundary and also within 1 meter height then no need of any planning permission and can't intervene. They asked me to check property deed for any Covenants. I did check and there is nothing specific as per my understanding but I have asked my solicitor to check as well.

    I also contacted Citizens Advice Bureau and they gave similar response as local council and then asked to check with solicitor about private nuisance.

    I have submitted my side of story/events to my home insurance legal team(got legal cover) with photos and documents etc and waiting for their analysis and prospect of success.

    But we are really confused if we need to proceed with legal action. Its really shocking that neighbour is so inconsiderate and inhumane. My parking space is almost dead and can't image how we manger after having second child. This wall may potential bring down our house price as well.

    Please advise how to proceed on this. I sincerely wait for your advise.
    Thank You in Advance.
Page 5
    • lookstraightahead
    • By lookstraightahead 13th Oct 18, 2:02 PM
    • 469 Posts
    • 442 Thanks
    lookstraightahead
    Something like this, or the mirror image. The OP is parking on the Driveway "DDDD" constrained by the neighbour "NNNN" on one side and the house "#" on the other.

    What lies between the front of the house and the road is a mystery, but based on what the OP has said already and being familiar with this kind of development, my guess would be it is a narrow strip (if anything) which is far too small to park on. (if it were big enough for parking then the garage wouldn't need to be set back). I could be wrong though, hopefully the OP will come back to confirm.

    NNNNNNNN | ############## | #
    NNNNNNNN | ############## | #
    NNNNNNNN | #### Garage ### | #
    Neighbour N | ############## | #
    NNNNNNNN | ############## | #
    NNNNNNNN | ############## | #
    NNNNNNNN | DDDDDDDDDDD | #
    NNNNNNNN | DDDDDDDDDDD | # --- House ---
    NNNNNNNN | DDDDDDDDDDD | #
    NNNNNNNN | DDDDDDDDDDD | #
    NNNNNNNN | DDDDDDDDDDD | #
    NNNNNNNN | DDDDDDDDDDD | #
    NNNNNNNN | DDDDDDDDDDD | #
    NNNNNNNN | DDDDDDDDDDD | ###########################
    NNNNNNNN | DDDDDDDDDDD
    NNNNNNNN | DDDDDDDDDDD
    NNNNNNNN | DDDDDDDDDDD
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~
    ------------------------------- Road ---------------------------------------
    Originally posted by EachPenny
    That is so kind of you thank you x
    • BobQ
    • By BobQ 14th Oct 18, 11:43 PM
    • 10,037 Posts
    • 13,221 Thanks
    BobQ
    Something like this,
    Originally posted by EachPenny
    You may be right but there is nothing in the OP's words to say that the garage is not at right angles to your suggestion.

    In fact the OP states

    "We have got single car park (2.68 meter width) in front of garage ….."

    If I were describing the front of my garage I would mean the side with the door.


    But unless he tells us we will never know...….
    Last edited by BobQ; 14-10-2018 at 11:50 PM.
    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.
    • EachPenny
    • By EachPenny 15th Oct 18, 12:22 AM
    • 7,336 Posts
    • 19,866 Thanks
    EachPenny
    You may be right but there is nothing in the OP's words to say that the garage is not at right angles to your suggestion.
    In fact the OP states
    "We have got single car park (2.68 meter width) in front of garage .."
    If I were describing the front of my garage I would mean the side with the door.
    But unless he tells us we will never know....
    Originally posted by BobQ
    Me too. I think you are looking at the diagram 90 degrees out.

    The door in what I've drawn would be next to the driveway marked "DDDD". Thus the 'single car park' (driveway) is "in front of the garage" and connects the garage to the road.
    "In the future, everyone will be rich for 15 minutes"
    • Doozergirl
    • By Doozergirl 15th Oct 18, 2:37 AM
    • 25,949 Posts
    • 70,166 Thanks
    Doozergirl
    Something like this, or the mirror image. The OP is parking on the Driveway "DDDD" constrained by the neighbour "NNNN" on one side and the house "#" on the other.

    What lies between the front of the house and the road is a mystery, but based on what the OP has said already and being familiar with this kind of development, my guess would be it is a narrow strip (if anything) which is far too small to park on. (if it were big enough for parking then the garage wouldn't need to be set back). I could be wrong though, hopefully the OP will come back to confirm.

    NNNNNNNN | ############## | #
    NNNNNNNN | ############## | #
    NNNNNNNN | #### Garage ### | #
    Neighbour N | ############## | #
    NNNNNNNN | ############## | #
    NNNNNNNN | ############## | #
    NNNNNNNN | DDDDDDDDDDD | #
    NNNNNNNN | DDDDDDDDDDD | # --- House ---
    NNNNNNNN | DDDDDDDDDDD | #
    NNNNNNNN | DDDDDDDDDDD | #
    NNNNNNNN | DDDDDDDDDDD | #
    NNNNNNNN | DDDDDDDDDDD | #
    NNNNNNNN | DDDDDDDDDDD | #
    NNNNNNNN | DDDDDDDDDDD | ###########################
    NNNNNNNN | DDDDDDDDDDD
    NNNNNNNN | DDDDDDDDDDD
    NNNNNNNN | DDDDDDDDDDD
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~
    ------------------------------- Road ---------------------------------------
    Originally posted by EachPenny
    Wow. You made more effort than the OP!

    Inpressive.
    Everything that is supposed to be in heaven is already here on earth.
    • EachPenny
    • By EachPenny 15th Oct 18, 10:44 AM
    • 7,336 Posts
    • 19,866 Thanks
    EachPenny
    Wow. You made more effort than the OP!

    Inpressive.
    Originally posted by Doozergirl
    As they say, a picture is worth 1164 words.

    (thanks to foxy-stoat for doing the counting)
    "In the future, everyone will be rich for 15 minutes"
    • Sibz
    • By Sibz 15th Oct 18, 3:42 PM
    • 42 Posts
    • 19 Thanks
    Sibz
    How wide is your car?

    If it's a driveway it should be of a width to fit a standard car... Are you driving a monster truck and not mentioning it? That might drive anyone to build a wall.

    You could park across their driveway instead... It wouldn't be nice and there may well be some action she could take in response to that however.
    • Cakeguts
    • By Cakeguts 15th Oct 18, 4:06 PM
    • 5,049 Posts
    • 7,585 Thanks
    Cakeguts
    How wide is your car?

    If it's a driveway it should be of a width to fit a standard car... Are you driving a monster truck and not mentioning it? That might drive anyone to build a wall.

    You could park across their driveway instead... It wouldn't be nice and there may well be some action she could take in response to that however.
    Originally posted by Sibz

    In our road if people park across driveways they get towed away by the local council and have to pay to get their car back.
    • EachPenny
    • By EachPenny 15th Oct 18, 5:10 PM
    • 7,336 Posts
    • 19,866 Thanks
    EachPenny
    You could park across their driveway instead... It wouldn't be nice and there may well be some action she could take in response to that however.
    Originally posted by Sibz
    Possibly the least sensible advice on the thread. By a long way.
    "In the future, everyone will be rich for 15 minutes"
    • Davesnave
    • By Davesnave 15th Oct 18, 7:26 PM
    • 26,413 Posts
    • 95,490 Thanks
    Davesnave
    I know I'm old and doddery, but I'm almost sure that last week the OP said there was no front driveway at the house next door.

    Hi,
    Their front garden space is very small and not able to park any car either. They have got parking at the back of their house.
    Originally posted by rajgn
    A garden is never so good as it will be next year....
    • EachPenny
    • By EachPenny 15th Oct 18, 7:35 PM
    • 7,336 Posts
    • 19,866 Thanks
    EachPenny
    I know I'm old and doddery, but I'm almost sure that last week the OP said there was no front driveway at the house next door.
    Originally posted by Davesnave
    It might be at the back of the neighbour's house, but there is still a driveway somewhere the OP could park across if they really wanted to kick off a neighbour dispute.
    Last edited by EachPenny; 15-10-2018 at 8:30 PM. Reason: Typo
    "In the future, everyone will be rich for 15 minutes"
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