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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:
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allchattedout · 08/03/2017 16:28

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?

Well, the easement I was referring to was in relation to the OP' own driveway. Some pps had suggested that she erect a wall on the boundary to prevent him from getting in, which she could not do if the right had been in continuous use for 20 years.

The pavement is public land, but you can also acquire a right over public land through long-term use, but the Highways Act states that pavements can only be driven over where the kerb is dropped. There doesn't appear to be a problem here because there is a dropped kerb, so unlikely that the neighbour is doing anything wrong. The issue is whether the OP can do something to her own land to prevent the neighbour from getting onto his.

ChaostheCat · 08/03/2017 16:30

Any reference to the dropped kerb is highly unlikely to be on the deeds. It's an agreement made with the local highway authority. The point of the dropped kerb is to be able to access the drive or whatever safely and without causing damage to either the pavement or the vehicle. When you apply for permission the site is inspected to ensure that it meets safety requirements (visibility) and that the work is done to a suitable standard by a recognised contractor with the correct insurance.
But that's nothing to do with this post. The neighbour was being unreasonable, if he was in a hurry he could have parked roadside and reparked his car on his drive later.

picklemepopcorn · 08/03/2017 16:30

I don't think you have any right to permanently stop him using the dropped kerb, unless you have deeds and legal advice that says otherwise. However you have every right to unload your car- particularly children! It's not like you can leave one child in the car down the road while you carry the other child in! He was unreasonable to be impatient, and the only excuse I would accept would be if he was desperate for the toilet!!!

Justwantcookies · 08/03/2017 16:31

The issue is whether the OP can do something to her own land to prevent the neighbour from getting onto his.

Seems a bit harsh though just for hooting at her (because she was blocking him out). Even if the neighbour was a total knob, if she did that it would be rather petty

Justwantcookies · 08/03/2017 16:34

How many times did he beep his horn? How many minutes is it acceptable to wait before beeping again if the person you are beeping at ignores you? I don't really know much about beeping etiquette so would be good to know.

SanitysSake · 08/03/2017 16:35

I'm with Procrastinator1 and allchattedout - with all other variables being removed - the bottom line is that the curb and the pavement don't belong to the OP, but if the neighbour has crossed her land for the last 20 years they automatically develop a right of way. Buggered!

Oh, and I was so looking forward to a wall being built... Grin

Megatherium · 08/03/2017 16:40

You absolutely need to check your deeds - check where your boundary is, who owns that strip of land in between, and whether there are any easements.

Don't be too relaxed and nice about letting him cross your land to get to his, as people have pointed out if you let it go on too long he may gain a right of way by prescription.

I agree with whoever it was who suggested your neighbour doesn't actually have a driveway, what he has is a front garden which he has chosen to convert into a driveway, but only on the basis that he has to drive across your land to do so.

Nodowntime · 08/03/2017 16:42

YANBU, I'd be fuming in your place. You are allowed to stop to unload on municipal curb in front of your house if you needed to.

Second all that Forager said

badtime · 08/03/2017 16:43

Mega , it's not clear that the neighbour drives across the OP's land, just that he uses the same dropped kerb.

PuppyMonkey · 08/03/2017 16:43

God, this thread is fantastic, thanks OP. What a fucking annoying tree.

Twingler · 08/03/2017 16:45

OP I agree with you and think your neighbour is an arse. I have a similar set up. I have a drive, then council owned pathway and steep bit leading to dropped kerb on road. This area was originally a steep grass verge which was resurfaced when the previous owners of my house paid for it to be done so they could have a drive. My next door neighbours have created a 'driveway' but didn't want to pay to have the kerb dropped. They have to drive over our dropped kerb and diagonally across the grass verge to get to their drive. They do this very infrequently as we have to park across the dropped kerb (it is too steep for us to get down without scraping our car).

However, the big difference is that my neighbour is not an arse. He refers to it as 'your dropped kerb' and doesn't expect to be able to use it. He has asked us whether we could move a few times so that he could use it to get his car on and off his drive so he could work on it or clean it. We have no problem with this and have done it. He cringily insisted that we take £20 last time for being "so good about the car".

When we get a new car which is higher off the ground, we will use our driveway and I expect he will then use our dropped kerb more frequently for accessing his drive. But he wouldn't expect it because it's not his to use!

purpleprincess24 · 08/03/2017 16:48

Different scenario but several years ago we applied to build a house extension, our neighbour objected, however planning was granted.

Our neighbour was an arse from day 1 and anything he could complain about he did. That was until the builder discovered that his conservatory roof was being held up by the corner of our house (it had been covered with ivory until this point, hence we hadn't noticed before).

Let's just say he rather changed his tune when we pointed this out and told him he would need to make 'alternative arrangements' otherwise his conservatory would fall down!

We never heard a single peep from him throughout the rest of our work ... 'you want to put scaffolding poles into my garden, of course you can, not a problem at all' .... funny that !!!

JacquesHammer · 08/03/2017 17:05

Throwing a curve ball right into the mix of this fab thread but I do own my dropped kerb Grin

kitkat29 · 08/03/2017 17:07

allchattedout I looked further and I was wrong, I bow to your superior knowledge. Its a really sneaky law, though.

Mummyoflittledragon · 08/03/2017 17:15

Some people are clearly not reading the whole post

Simple as that

I think you mean the whole thread. And no, you're not, are you? Just the ones, who agree. You can get your land registry documents emailed over in the space of an hour online.

allchattedout · 08/03/2017 17:29

allchattedout I looked further and I was wrong, I bow to your superior knowledge. Its a really sneaky law, though

It is. Oh and I only know it because I have the dubious pleasure of teaching it....

AwaywiththePixies27 · 08/03/2017 18:07

I don't have a problem with His partners dad parking and beeping the horn everyday at 8:30am and 2:30pm to take her and her child to school.

What's wrong with this? I get your DP is sleeping during the day but you cant expect everyone to know this and go about extra quietly whilst going about their daily business. It's not like their doing it at 2:30am. 8:30am isn't unreasonably early either.

Most of my neighbours work nights or set off really early in the morning (5am roadwork type people - sorry don't know the correct job title). It's annoying yes but you have to accept it in built up areas.

I think you were both BU if I'm honest and something you should both move on from. He shouldn't have lost his patience and beeped at you but you shouldn't have blocked his access either. Reverse the situation, if he was taking his shopping out and then coming back a couple more times to the car and you were stuck behind, would you have beeped him?

I'd let it go.

AwaywiththePixies27 · 08/03/2017 18:10

Re the tree - tell your neighbour to ask if it can be taken down.

My NDN sought planning permission for a drive - told them the monstrous tree was coming down - they've been told they cant have a drive as the tree can't come down as it's under a protection order.Confused

NaiceBiscuits · 08/03/2017 18:10

This reply has been deleted

Message withdrawn at poster's request.

ladyglittersparkle · 08/03/2017 18:18

YANBU, your neighbours are rude. I'd put a fence up between the properties as in all honesty this would drive me crackers. Probably seems petty but the fact that you have been kind enough to let them use your dropped kerb but then they honk you and block you in is just not nice. So I would put a fence up.

ladyglittersparkle · 08/03/2017 18:20

I'm presuming the grass next to their "drive" is their's too so they could always turn that into a drive and then put a dropped kerb the other side of the tree to access it (unless I've misunderstood the photos)

BattleaxeGalactica · 08/03/2017 18:33

AwaywiththePixies - the tree could be taken down but the neighbour would have to pay the cost along with £2K (maybe more now) for their own dropped kerb and the previous occupant chose not to. From that there's nothing to stop this one opening his wallet and doing the same but I guess if he can bump his angled way over the pavement he'd rather not.
The question that really needs answering and has been asked and ignored as nauseam is whether he can get onto his own hardstanding without going over the OP's land. As it's been so comprehensively ignored I'm guessing he can.

SanitysSake · 08/03/2017 18:37

allchattedout - Hehe, brilliant!

allchattedout · 08/03/2017 18:58

It looks like there is the remains of a brick wall between the two properties. allchattedout would that affect things, legally speaking?

Depends. The relevant question is whether the neighbour has been using that access (which would be blocked if a wall were put up) for 20 or more years. If yes, it would not matter that there once upon a time was a wall. If there has not been long-term use, then he would not yet have acquired an easement by prescription and would not be able to stop her from erecting a new wall. I suspect there has been long term use though- that tree has clearly been there for yonks. So has the dropped kerb on the OP's side. So the remaining options are either that the house has only acquired off-street parking in the past 20 years (maybe...) or that there was a dropped kerb on the other side of the tree that the council has now raised (unlikely).

Annesmyth123 · 08/03/2017 19:00

I'm loving having an actual EXPERT on this thread 😂🤣

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