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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 15:04

Without the op checking deeds etc she cannot put up a wall or anything. It is possible that he has rights to use it hence the wall was moved. He might have contributed to the works. But without the deeds etc no one can say 100% it's for sole use of the ops. She chucks a wall up and she could end in trouble legally. It is possible because of the tree access is shared

Yes, I agree. Also, he would most likely have acquired rights through long term use, which would not appear in the land register.

delicateears · 08/03/2017 15:05

I wouldn't beep at someone who was stopped temporarily unloading over my dropped kerb.

If it was my neighbour I'd assume they recognised me and would be on their way as soon as feasible.

Beeping is the equivalent of shouting Oi!

Just really bad manners

PunjanaTea · 08/03/2017 15:08

Maybe he needed the toilet, maybe he'd had a shit day at work and this was just more than his patience could take. Perhaps he didn't realise you were planning to move it in a couple of minutes and thought you were planning on parking there all night.

Who knows the exact reason but it would irritate a lot of people if someone was parked over the access to their drive and it looked like they weren't making an effort to move.

SanitysSake · 08/03/2017 15:08

allchattedout - 'You reckon?? If he does have to cross OP's land, by this stage he will have acquired an easement by prescription as it would have been in use for 20 or more years (that tree does not look newly planted). That is an enforceable right and cannot be interfered with.'

I agree, but has the dropped curb been there for those 20 odd years? If not and it was installed by the OP at the OP's cost, I fail to see how the neighbour driving over her land to get into his driveway would be permissible? He'd have to suck-it-up buttercup and go up the raised curb surely?

Original poster
Mummysboy2014 · 08/03/2017 15:09

As I have said several times it was a one off.

It is not something that happens on a regular basis it was a one off for less than 5 minutes

OP posts:
Annesmyth123 · 08/03/2017 15:09

There's no way from the state of that pavement that the dropped kerb is recent.

Closedenv · 08/03/2017 15:10

Presumably other neighbours have a wall/hedge/fence dividing their properties. If OP did this would the arsey neighbour still be able to use the OP dropped kerb to reach their property? The arsey neighbour needs to sort out the tree with the council and pay for their own dropped kerb or stop being ungrateful!

Annesmyth123 · 08/03/2017 15:10

Does the dropped kerb extend as far as the tree op?

Bluntness100 · 08/03/2017 15:10

Looking at the pics I don't think the dropped kerb is yours, I think it belongs to the council. I think uou should look at your boundary documents as I'm going to guess your boundary does not include the pavement.

Either way yes she was being an arse and should have waited, three toots on the horn is too much. Personally though I'd just have went over and aid can you hang on a couple of mins.

BoomBoomsCousin · 08/03/2017 15:11

Generally, I think it's rude to make people wait while you unload if you should have just pulled the car forward and then unloaded. But it's also rude to keep beeping your horn when it's obvious someone's seen you.

Looking at the state of the drive I would guess they've been around for a long time, in which case the neighbor will likely already have "earned" a right of way over your property. Putting in a boundary could end up being a very costly if your neighbor takes you to court. It will also be unlikely to stop them being arseholes to you. So overall not a strategy likely to make your life more pleasant. But if the access hasn't been used long enough to allow them to create a right of way, then putting up a boundary might be a prudent move to stop It.
.

Original poster
Mummysboy2014 · 08/03/2017 15:11

I have spoke to the lady that lived her before me and she has informed me that's the neighbours enquired about a drop on their side and it would cost £2000 ad they would also have to remove the tree so they decided that was too much and not to get it done.

OP posts:
BoomBoomsCousin · 08/03/2017 15:12

My point being. - get legal advice but don't think you'll stop them being arseholes by being obstructive.

badtime · 08/03/2017 15:13

I think the OP would have said if she had paid for the dropped kerb. And since she doesn't even know who owns the land in the middle, I don't think she would be able to give us too much information about when the kerb was dropped and who it was supposed to be for.

Annesmyth123 · 08/03/2017 15:14

you need proper legal advice. Not the woman before me said.

IckleWicklePumperNickle · 08/03/2017 15:14

Get your boundaries back up. They can pay the 2k for their own access.

He's a bloody arse!!!!

HouseworkIsASin10 · 08/03/2017 15:14

If anybody beeped at me like that I'd go even slower. Cheeky fucker.

Quartz2208 · 08/03/2017 15:15

But the dropped kerb is still not yours.

They dont sound very pleasant people but you cant change the fact that the dropped kerb is still a public highway

Do they use the pavement or your drive to get in?

Annesmyth123 · 08/03/2017 15:16

Exactly. So before she starts building walls and all sorts she needs to find out the legal position surely?

Original poster
Mummysboy2014 · 08/03/2017 15:16

The woman who OWNED the house and was friends with the neighbours has told me

OP posts:
allchattedout · 08/03/2017 15:16

I agree, but has the dropped curb been there for those 20 odd years? If not and it was installed by the OP at the OP's cost, I fail to see how the neighbour driving over her land to get into his driveway would be permissible? He'd have to suck-it-up buttercup and go up the raised curb surely?

I would be fairly sure that it has. If not, how has the driveway to the neighbour's house been accessed during that time? The OP would surely have said if she herself arranged for the dropped kerb and as a pp said, if the work was very recent, it would be obvious from the photo. Basically, it is not 'hers' just because it happens to be in the sightline of her house. The pavement is public land- both neighbours have to cross it to access their respective private land. It will probably not say in the deeds that he has a right over her land, but he will be deemed to have one if for the last 20 years, whoever has lived in that house has used the same access way as the neighbour currently uses.

FWIW, I would also have beeped if someone was parked to block my access and proceeded to unload all the shopping, then their baby. And if the OP parked on the dropped kerb while the neighbour's car was on the drive, she would be obstructing him and would be liable to get towed.

Original poster
Mummysboy2014 · 08/03/2017 15:16

Clearly it's not his drop otherwise they wouldn't be enquiring about it!!

OP posts:
Annesmyth123 · 08/03/2017 15:17

Doesn't matter if she OWNED the house or not. You need to see the deeds.

PoisonousSmurf · 08/03/2017 15:17

I live on a narrow private road and some people still can't be bothered to park up. They leave their van in the middle of the street to go and have a cuppa with their mates.
Just because I'm at the end of the road, they think they have the right to block me in. A real pain when it's the school run.
They get a good 'beep' from me then. And yes there is plenty of parking, it's just that they would have to walk and extra 10 steps!

bloodyteenagers · 08/03/2017 15:18

The woman who owned the house isn't legal advice.
How many years have they been sharing access?

allchattedout · 08/03/2017 15:18

I have spoke to the lady that lived her before me and she has informed me that's the neighbours enquired about a drop on their side and it would cost £2000 ad they would also have to remove the tree so they decided that was too much and not to get it done

What, just now? That was quick/convenient? The point is if the neighbours have used the access for 20 years or more, they have rights, regardless of their inquiries with the council. If you try to obstruct them, you will have problems.

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