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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Arghhh parking and annoying neighbour...

165 replies

ihearttc · 02/08/2017 20:57

We live on a new build estate (we it was new build when we moved in!) but we've been here 10 years. Our house is in a sort of cul de sac with 4 other houses. The gardens are all curved so our garden backs onto the driveway to the other houses...behind the fence there is a piece of land which originally had bushes etc on which have now died.With all the storms we had a few months ago our fence got damaged so we need to replace it. We looked at our deeds and according to them we own the land where the bushes are as well.
Bit of a long story but the fence panels are a strange shape so to try and make it slightly cheaper the fencing guy has suggested moving the fence out another 30cm which would create a better angle for the fence. Neighbour has gone absolutely mental at this. Have come home tonight and found her boyfriends car parked right across the back of our garden behind our fence.
Just wondered if anyone could look at this picture and tell me whether IABU with being very annoyed with them effectively trespassing on our property and if there is a huge issue with us moving the fence ever so slightly??

Arghhh parking and annoying neighbour...
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terrylene · 02/08/2017 21:44

You need to look back at the deeds to see who owns what and who has access over what and what the restrictions are.

It seems funny the bushes keep dying though - what were they, and were they planted properly with plenty of compost etc?

ihearttc · 02/08/2017 21:44

The hatched area is a roadway/shared driveway between the 5 houses but I don't know why it is hatched differently to the actual road if that makes sense...it doesn't specify what it means on the deeds that I have in front of me. No we've never paid anything...we all trim our own bushes ;-) The front of the houses have communal shrubbery as well which we take care of as well. Only thing that is done is the grass is cut on the public open space in front of my house but local council does that.

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Kahlua4me · 02/08/2017 21:48

Can they access their driveway if you fence it all in?
From comparing your diagram to the original it is hard to tell where the road is.

I would have thought that as long as they can still drive to their garage, and an ambulance could get through, then you are within your rights to fence it.

Just because they like it the way it is doesn't mean you can't change it. I am not a professional in these matters though.....

theymademejoin · 02/08/2017 21:48

In Ireland you often have to give up a bit of your site to get planning. You still own it and are responsible for it but your fence needs to be inside it. It is done on narrow roads to ensure there are places where cars can pass one another. Could it be something like that?

ihearttc · 02/08/2017 21:49

I have no idea what they were originally but they were huge things...almost as high as the fence. We wondered initially if the developers hadn't planted them properly which is quite possible given the state of our garden which was full of rubble under the turf. However we put lots of conifers/shrubs and sort of heathers which we were assured were all quite hardy in an effort to make it look nice but they all died quite quickly. We've put gravel on it now (which we purchased 2 years ago).

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BeepBeepMOVE · 02/08/2017 21:50

It's your land, build your fence wherever you want. Don't waste money on solicitors, let her do that if she has an issue.

Mouikey · 02/08/2017 21:50

This will sound ridiculous but it's not garden land and probably considered to be amenity space even though you own it. As a result you may need planning permission to change the location of the boundary as it changes the use of the land. I dealt with many of these in my early planning career and they were a pain in the bum!!

Does the ndn always park there or just today? Maybe (whatever happens re the fence) plant the area up again and keep it maintained.

honeysucklejasmine · 02/08/2017 21:51

The hatched area is just road - it's likely that there are only a few houses down there so each house owns the plot all the way to the other side of the road. Our house is the same.

You may need to go through a solicitor if she's unable to understand the plans. V odd why the developer left that bit unfenced though.

ihearttc · 02/08/2017 21:53

I have an actual picture off google earth but reluctant to put that as it's quite outing!

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Hamiltoes · 02/08/2017 21:58

This seems so strange as other than the fence being there before, it does look like its all your land. I'm also wondering how it actually affects NDN?!

ihearttc · 02/08/2017 21:58

She's parked there before but I think today was to prove a point!! Would we be likely to get planning permission do you think? It seems crazy just for moving it so very slightly. Other option is making our garden slightly smaller which I'm not adverse to doing but it makes the area outside the fence even bigger and we still then have to maintain it when we can't use it which seems crazy!

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MyPatronusIsAUnicorn · 02/08/2017 21:59

Tell her again, that this is your land, as per the deeds and if her bf continues to tresspass on your land, you will take further action and you are moving your fence, which you are perfectly allowed to do on YOUR land. Then don't engage in further conversation with her and carry on. Find out what you need to do legally to stop her bf parking there.

picklemepopcorn · 02/08/2017 21:59

It's worth having a word with the developers and the planning department, they may have records explaining it.

At a guess, I'd say the hatched area isn't adopted by the local authority, so effectively it's a shared private road that eventually may need maintenance.

There are often planning restrictions, that planning is granted with certain conditions, like suitable planting. The plants don't have to live long, but the amenity strips give a more attractive feel than six foot high fences everywhere you look.

Worth checking with planning, see if they can advise.

ihearttc · 02/08/2017 22:01

She says it will affect how she can get her cars into her 2 parking spaces. Honestly in reality the space she has is huge...it wouldn't cause a problem at all. If I genuinely thought it would be an issue I wouldn't dream of doing it.

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shakingmyhead1 · 02/08/2017 22:01

get proper advice and if its yours have your lawyer advise her in writing that on x date the area will be fenced and if her car is not vacated it will be considered abandoned and towed at her expense

Funko · 02/08/2017 22:05

Lots of new builds include areas that have to be kept as wild/conservation space and it is likely in a covenant or something in your deeds. It's probably is yours but technically useless...

Cyclebird · 02/08/2017 22:05

I suggest you take the plans to a solicitor. Just because it's your land doesn't mean you can put a fence up where you like. There may be easements or covenants which you need to adhere to. But you would most likely still be within your rights to ask her not to park there. I'd definitely recommend legal advice.

Custardo · 02/08/2017 22:06

once you have a definitive answer, please, please post your neighbour that felt ip drawing Grin

ihearttc · 02/08/2017 22:08

Lol Custardo...I'm not great at drawing!!

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JaneEyre70 · 02/08/2017 22:12

I'd get a solicitor to double check your deeds, and that way you know for sure. We had ongoing issues with our neighbours over a boundary line that was solved very quickly with a 15 minute meeting with a solicitor and a letter to them.

ihearttc · 02/08/2017 22:15

Just managed to crop details out of Google Earth...

Arghhh parking and annoying neighbour...
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PurpleDragon76 · 02/08/2017 22:15

On my new build deeds that kind of hatching means communal access, so though you may own it legally it has to stay clear.

ihearttc · 02/08/2017 22:16

Black car belongs to my parents...that's our driveway in front of our garage. Silver car is neighbours.

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Esspee · 02/08/2017 22:18

On my deeds I own the land right up to the middle of the road, so the pavement, the wide grass strip which the council occasionally cuts and half the roadway. Just because you technically own the land does not mean you can extend your garden. There will be a reason for the original boundaries and you need to be sure of your rights before you start a war with your neighbours.

honeysucklejasmine · 02/08/2017 22:20

If she can't get in to get spaces without leaving the road, she needs driving lessons.

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