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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU? Neighthours and dropped kerb

377 replies

Mummysboy2014 · 08/03/2017 13:09

Right so we own a bourse with a dropped kerb directly outside our house. Next door do not have a dropped kerb they have a big tree at the end of their driveway assuming they can't get permission for a dropped kerb. Anyway so we have 2 cars next door has one. They use our dropped kerb to access their driveway as they wouldn't be able to access it otherwise. Last night my partners car was parked on our drive, I parked on our dropped kerb and was taking the shopping in. Next door pulled up behind me beeping their horn. I continued to get the things out the car took them to my front door, he beeped the horn again and I shouted wait. I then got the baby aged 5 months out the car and came To the front door to which my partner had now opened the door to see what was going on. I walked back to my car and got my toddler as he didn't want to get out the car. Next door beeped the horn again. Aibu in thinking his an arse and you know what he should be grateful as, Correct me if I'm wrong I'm allowed to park on my dropped kerb. And if it weren't for us he wouldn't be to access his drive without using our dropped kerb.

OP posts:
Thread gallery
6
Forager · 08/03/2017 15:56

I can see exactly what the OP is trying to say. She's basically saying that regardless of who technically owns or has rights to what, the neighbor was being rude and aggressive by repeatedly honking his horn when the OP had clearly acknowledged him and stated that she had to get the baby inside, especially considering it was a one off occurrence and unlikely to be repeated.

Maybe the neighbor would have a right to be annoyed if OP did this regularly, but she doesn't.

If I came across a car with someone trying to take out a baby or an elderly person then I would patiently wait. It's about common courtesy.

LowDudgeon · 08/03/2017 15:56

Annesmyth, it may be that the neighbour's quote was so high because of the tree?

I think it depends on which council but I just found this via google

www.tameside.gov.uk/kerbdropping#cost

PeppaPigTastesLikeBacon · 08/03/2017 15:58

You're blocking a pavement so YABU

carefreeeee · 08/03/2017 15:58

it is illegal to sound the horn when stationary.

your neighbour sounds like an idiot and I can see why it annoyed you. However I think he has the right to use the dropped kerb, whilst you also have the right to stop in front of it for unloading

Best case would be that you immediately moved you car when you noticed he was waiting patiently.

LowDudgeon · 08/03/2017 15:58

LIZS looking at the photo of the Corsa parked over kerb/gravel, it's not actually very car-friendly, & maybe she didn't want to put the Audi there?

Forager's post sums it up IMO. Neighbour was B very U, which perhaps made OP B slightly U back at him, but I don't blame her.

Annesmyth123 · 08/03/2017 15:58

Maybe so. But that enquiry won't make any difference to my current right of acces.

BurningBridges · 08/03/2017 16:01

I can see exactly what the OP is trying to say. She's basically saying that regardless of who technically owns or has rights to what, the neighbor was being rude and aggressive by repeatedly honking his horn when the OP had clearly acknowledged him and stated that she had to get the baby inside, especially considering it was a one off occurrence and unlikely to be repeated.

Me too - the neighbour is an arse.

However, I would get the wall if I could!

PigletWasPoohsFriend · 08/03/2017 16:02

Whether she OWNED the house or not you need legal advice and something in writing.

Just because someone TOLD you something it doesn't make it true!

nogrip · 08/03/2017 16:03

FFS I'm so pissed off with the OP not answering the question that has been posted dozens of time - ie what do the deeds say about the path and where the boundary of your and their land is.

And now I have wasted even more time reading to the end hoping OP had updated about the deeds.

seethe

kitkat29 · 08/03/2017 16:04

What? But that is precisely the point. If the neighbour has used the bottom of OP's drive to park on their own drive for 20 years or more, then they HAVE acquired a right of access through prescription. That would make it unlawful for OP to now block that access by for example erecting a wall, meaning that they would not be able to get their car onto the drive from the pavement. That was what I was referring to.

I just did a bit of research, an easement would be mentioned in the deed as it has to be formally applied for to be legal.

I still do not believe an easement would be granted in this case as access to property is not restricted.

I suggest OP asks the neighbour not to drive on her garden in writing in order to prevent any future easement.

bloodyteenagers · 08/03/2017 16:05

It is frustrating nogrip especially with the op shouting about no one reading her posts lol.

allchattedout · 08/03/2017 16:07

I just did a bit of research, an easement would be mentioned in the deed as it has to be formally applied for to be legal

Nope, do more research. An easement by prescription does not have to appear in the deeds/on the land register. It arises by way of continuous use for a period of more than 20 years either under common law or the Prescription Act. It is unlikely that the land register or old deeds will be of much use to the OP.

An ordinary easement by grant or reservation has to be granted or reserved by deed and therefore would appear on the land register.

Annesmyth123 · 08/03/2017 16:08

Easement doesn't have to be in the deeds. I googled. It CAN be but doesn't have to be if it's been used for 20 years. Wikipedia says they can be implied.

This is what they say on Wikipedia

There are several circumstances where the grant of an easement may be implied, usually occurring on the conveyance of land. Where land is transferred, subject to contrary intention, existing easements are automatically conveyed under Section 62 of the Law of Property Act 1925. Additionally – and controversially in some cases – 'precarious' rights, such as licenses or personal rights may be transformed into legal easements, as demonstrated in International Tea Stores Co v Hobbs.[20] In this case a right of way granted as a license by a land owner was transformed into an easement, following the conveyance of land into a legal estate. A limitation of Section 62 is that it does not act to imply reservation easements; for example, a land owner in common ownership of two plots of land could not claim that, after selling one plot, his remaining plot should have an easement for right of light implied.[21] Other circumstances where easements may be implied are where they are necessary for the enjoyment of land. Where a plot of land is fully land locked from a public highway, an easement for a right of way will likely be implied, through necessity.

en.m.wikipedia.org/wiki/Easements_in_English_law

Justwantcookies · 08/03/2017 16:10

OP isn't answering anyones questions. Except for those from people agreeing with her that her neighbour is an arse for hooting at her.

Annesmyth123 · 08/03/2017 16:11

The neighbour is an arse for sure for hooting at her. But. I'm wondering how often the op has been parking blocking the dropped kerb, since she thought the pavement and kerb belonged to her?

Is it possible she has misunderstood where the boundary is and has blocked his access a few times and this time he saw she was at the car and got on it with the horn?

PollyBanana · 08/03/2017 16:11

I think referring to that mess of concrete and paving slabs as a "drive" is rather gilding the lily

BreakfastAtSquiffanys · 08/03/2017 16:13

I love mumsnet.
It can be wonderfully supportive.
But is does rather encourage people to be unnecessarily combat when it comes to parking.
"Build a wall!! "
You're not bloody Donald Trump

allchattedout · 08/03/2017 16:14

Easement doesn't have to be in the deeds. I googled. It CAN be but doesn't have to be if it's been used for 20 years

That is true. They can also be implied in certain circumstances, for example if the neighbour had no access at all (on foot) to his property, other than over the OP's land. However, those situations would not really apply here because a landlowner does not have an absolute right to vehicular access to his property. What we are talking about here is an easement that arises through long term use.

yellow6 · 08/03/2017 16:14

'Correct me if I'm wrong I'm allowed to park on my dropped kerb. And if it weren't for us he wouldn't be to access his drive without using our dropped kerb.' your wrong its not your dropped kerb and looking at the pictures it looks as if he drives over council pavement to his drive

Annesmyth123 · 08/03/2017 16:15

Ok all :) thanks for clarifying.

But thenop doesn't appear to know what is actually on the deeds ?

(I have better things I should be doing but this has really interested me!)

Annesmyth123 · 08/03/2017 16:16

Ha.ha.

Yes. "Correct me if I'm wrong"

Consider yourself corrected. You're wrong.

allchattedout · 08/03/2017 16:17

Aibu in thinking his an arse and you know what he should be grateful as, Correct me if I'm wrong I'm allowed to park on my dropped kerb

I think this particular sentence is what people picked up on when they said the OP was BU.

allchattedout · 08/03/2017 16:19

But the op doesn't appear to know what is actually on the deeds

No, I know. I guess she is like those people who think they have an automatic right to park outside their own houses and to prevent others from parking there. If there is an easement that has been formally granted/reserved at any point in the past, it would appear in section C of the land register (the charges register). However, I would doubt there is anything there.

Annesmyth123 · 08/03/2017 16:20

Thanks all

And if the neighbour or his predecessors have been doing the driving over the pavement to get to driveway for 20 or more years then there's a right for them to carry on?

Justwantcookies · 08/03/2017 16:25

"Build a wall!! "
You're not bloody Donald Trump

Made me spit my coffee out Grin Grin Grin