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Neighbour has extended their garden into communal rear driveway which means we cant access our garage.....

(42 Posts)
another20 Tue 05-Dec-17 11:35:44

what can we do? It was vehicular access which we have nt used recently. They can still access their garage. Council say it has nothing to do with them.

another20 Tue 05-Dec-17 11:37:55

Sorry should clarify that our garage is at the back of our garden - vehicle track runs across the back gardens.

RestingGrinchFace Tue 05-Dec-17 11:38:25

I assume you have a right if way? Just drive over it if possible. If not seek legal help.

icklekid Tue 05-Dec-17 11:40:07

What did they say when you spoke to them about it?

Chocolate254 Tue 05-Dec-17 11:41:03

I second driving over it.

LIZS Tue 05-Dec-17 11:46:02

Diagram? Have you approached them with a copy of your deeds. Is the access clearly defined? It is a civil legal matter not council.

SleepFreeZone Tue 05-Dec-17 11:47:22

If the housing is privately owned it is a civil matter. Assuming you have the deeds of your house and it clearly states that you have shared access and you own your garage etc, then you need to instruct solicitors.

SheRaaarghPrincessOfPower Tue 05-Dec-17 11:49:22

Yep, I agree. Dig out your deeds and speak with a solicitor.

Have you spoken to them? Are they even aware that it's a shared drive if you don't often use it?

teaortequila23 Tue 05-Dec-17 11:56:01

Your land is your land if u use it or not they can’t just take it bc u don’t use it. Go over with your deeds and have a chat.
If they ain’t having it get solicitors involved

BellBookandCandle Tue 05-Dec-17 12:01:59

Out of interest how did you not notice them 'extending' their garden?

If you did, why didn't you have a chat with them about it then?

Get your deeds (you can get them on line for a few pounds) and show them the ROA you have.....if being friendly doesn't work, get a solicitor and quickly

another20 Tue 05-Dec-17 12:05:01

It is a vehicle track which runs along the back of 6 houses so we can each access our garden or garage which is in the garden. We are the last house - they have just put up two fences - so cant drive through. Have not spoken with them yet. Will dig out deeds.

MyKidAreTakingMySanity Tue 05-Dec-17 12:11:10

Show them your deeds. Then solicitor letter. If there's still no joy, carefully remove fence and pop it on their property. Screw em. Police will likely trot out the "civil matter" shrug off to them (or you if you're the complainer)

Smarshian Tue 05-Dec-17 12:12:56

This happened to my dad. He dealt with it by speaking to them and when they ignored him he took a golf club to the fence 😂😂

bunbunny Tue 05-Dec-17 12:13:36

Have you got legal cover on your house insurance?

If so - ring them asap and they should get on to it!

Eve Tue 05-Dec-17 12:21:26

drive into your garage - and if you knock down the fence on the way, oh dear.

WatchingFromTheWings Tue 05-Dec-17 12:22:05

they have just put up two fences - so cant drive through

I'd give it a good go! not helpful I know

wowfudge Tue 05-Dec-17 12:23:21

Get the title register and plan for your house from the gov.uk Land Registry website. It will cost you £6 to instantly download both.

Your neighbours will probably kick up stink because they have paid for fencing and they'll come out with such rubbish as 'we thought you weren't bothered as you never use it'. To which the answer is 1. They should have checked the legalities first; 2. Just because they've never seen you doesn't mean you don't and that is irrelevant anyway as you have a legal right of way/access (whatever the title register states) and 3. They need to remove the offending fence by x time and date or you'll take legal action.

CFNs - some people are unbelievable.

SleepFreeZone Tue 05-Dec-17 12:24:26

The police don't like people taking the law into their own hands so I would dismantle the fence. We had a similar issue accept we were in the right, the neighbour started dismantling our fence and the police told her it was criminal damage.

SleepFreeZone Tue 05-Dec-17 12:25:12

* wouldn't dismantle the fence - that should have read.

SleepFreeZone Tue 05-Dec-17 12:25:45

* except 🙄

I shouldnt be allowed out

FannyFifer Tue 05-Dec-17 12:29:35

Why on earth have you not said anything to them?

another20 Tue 05-Dec-17 12:33:15

Thanks all....
Wowfudge - I can only see a form to fill in to get a copy by post - is it possible to pay online and then download?
Would like to deal with this today.....

PaintingByNumbers Tue 05-Dec-17 12:37:59

Have you spoken to them yet? Are they reasonable people (but a bit thick)? If so, you could just speak to them and tell them the deeds dont permit it and you need access. If not, you might need to approach your solicitor if the deeds are not online - they might have the original documents in storage and can write them a letter if necessary

PaintingByNumbers Tue 05-Dec-17 12:38:36

Yes, you can download straight away on land registry if its there

Ta1kinPeace Tue 05-Dec-17 12:40:09

A Defender 90 is a good way to clarify that vehicles can go through illegal fences grin

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