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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...
OP posts:
Thread gallery
7
Ceto · 02/08/2017 23:07

Is there anything to stop you building a wall instead of a fence?

badgercat · 02/08/2017 23:07

You need to check your deeds to see if any restrictions are included to prevent you restricting (or minimising) access.

Gardenlaw forum will be a good place to ask this.

Personally think some neighbours seem to think living next door gives them some sort of stake in your house too - cheeky fuckers dictating something they have no right to. She may not want you to do it but she can't demand anything imho

ihearttc · 02/08/2017 23:13

Ceto...quite honestly only the cost. We've had quotes ranging from £7000-£10,000 because it's so long. I cannot justify that sort of money on a wall.

OP posts:
MeanAger · 02/08/2017 23:20

The photo makes it all very clear! Thanks OP. Your neighbour is a twat. She can't drive if she needs that mud to get into her driveway.

What you could do until you get the fence built is out heavy boulders on the perimeter of the muddy part so they can't park cars on it. Because chances are that the day you book the builder to come they will have a car parked there and won't move it.

NoSquirrels · 02/08/2017 23:30

Eh, ignore her! You asked, she was OK with it on the spot, now she's thought she thinks you're pulling a fast one... but you're not, and she'll get used to it.

One last reasonable try with a chat & the deeds and seeing the cars pull in to park, if not then NO MENTION OF DATE FENCE IS GOING UP and boulders if an issue in the meantime...

bunningsbunny · 03/08/2017 00:00

Have you got legal insurance on your household insurance?

Might be worth giving them a call if you do, they should be able to tell you what you can and can't do, and it won't cost in the same way that it would if you went to a local solicitor...

BlondeB83 · 03/08/2017 00:12

Surely the hatched area is the road? You are talking about the the small extra curved bit right? Just fence it off and attach a picture of the deeds to it!

AnnieOH1 · 03/08/2017 00:41

Check the planning portal of your council for the development. There's no way a developer would spend more money than necessary on the fence which leads me to believe it is a visibility splay. The deeds may be silent but the planning documents won't be. The fact that the neighbour can prove it was built the way it was will undoubtedly go in her favour should this get to arbitration.

Ghjklf · 03/08/2017 01:17

Another vote for getting proper legal advice.

vanillacandllle · 03/08/2017 03:20

Looks to me from the google image and the plans that piece of land is most definitely yours.

Silly cow needs to get a life, and learn to drive and park properly. None of her business what you do regarding the fence on your land!

BusyBeez99 · 03/08/2017 06:06

What does the text of the transfer document say. People will have rights over the hatched area and there may be covenants about fencing and viz splays. Unless you are 100% sure you are right I would consult a boundary surveyor. It may be that your interpretation of the curved area isn't right as well. The RICS will give you some names

AhoyPirates · 03/08/2017 06:09

I would check with planning just in case the fence is set back because of site lines and being 1m back from the highway.

Your neighbour is potentially pulling off the drive with zero visibility if you move the fence line.

Collaborate · 03/08/2017 07:19

I would check with planning just in case the fence is set back because of site lines and being 1m back from the highway.

Well, yes, that is a point. You would need planning permission for a fence erected adjacent to a highway to be more than 1m high. It could be that the existing fence got PP where it is (adjacent does not mean abutting) but you'd need PP to erect a new one in a different position that is higher than 1m.

It doesn't matter the road is private - it's still a highway.

665TheNeighbourOfTheBeast · 03/08/2017 07:31

The fencing you have looks like a really standard wooden panel with concrete uprights and concrete gravel boards. The shape of the fence drawn on your plan also looks like it was put in as is - ignoring the round end, because it uses a standard six foot panel.. and was therefore cheaper.
The designs / sizes of these have not changed in many years, and your house is clearly not that old, and it seems unlike they were customised as they are rarely cut down because they contain steel rebars.
I think you need to get a quote from another fencing company if you are being told it will cost you 10s of thousands to replace the cheapest and easiest to customise bit of your fence. ( The wooden bits) And they are suggesting instead that you dig up all the concreted in posts and move your current boundary.
I can only assume I have missed something and will go back and read your op more carefully!

dollydee · 03/08/2017 07:38

I think the 10s of thousands price was to replace the wooden fence with a brick wall, similar to her neighbours.

665TheNeighbourOfTheBeast · 03/08/2017 07:39

Ah. - huge cost is for a wall..soz. ! Still not understanding why the posts need moving though? Although to be fair, the land does look like it is yours and that the whole problem has arisen because of the difficulty in fencing such an odd shape in the first place.

SoupDragon · 03/08/2017 07:45

Can you go out with a can of spray paint or something and mark out what you plan on doing? She might think your fencing the whole lot whereas you say it's a "tiny" bit.

As an aside, they absolutely have killed the plants that were there, I'm sure of it!

SoupDragon · 03/08/2017 07:48

I would be tempted to put rocks all round the edge of the curved bit, cemented in if possible, because they have clearly been driving over it which they do not have access rights for.

BreakfastAtSquiffanys · 03/08/2017 08:04

The reason that it's muddy is that your neighbour keeps driving over it...

KitKat1985 · 03/08/2017 08:11

Thank you for the photo. I understand now. Your neighbour is pretty petty to care really abut such a tiny scrap of land. From what you've posted I would say that it is yours, but I think you should get a solicitor to confirm with the land registry that you can move your fence.

youarenotkiddingme · 03/08/2017 08:12

Because the neighbour is using the need for the land to turn into the parking space you need photo evidence she parks car over it therefore creating a further obstacle to go around.

If the flowers and shrubs died but that's what developers put there then buy some cheap very large pots and put them outside.
Whilst your sorting out deeds etc you can use the land by original design to prevent neighbours claiming they've always use the space and you are denying them of access (there is an acquired access rule I think)

OldJoseph · 03/08/2017 08:12

I can see that the way she drives into her parking space would be awkward if you put the fence up. Looking at the plans I'd suggest she reverses her car into the space, much easier.

simon50 · 03/08/2017 08:14

I know you have the deeds, but double check with land registry, that there are no rights of way over it, if its confirmed to be your land, then check with your local council if its ok as well.

That way you have covered your back, then put a notice saying private land no parking, I know its an expense but fence the whole lot (it could be done with stakes and a chain link fence if you need to keep the price down).
Good luck.

simon50 · 03/08/2017 08:19

Sorry I miss-read that, thought you wanted to claim the land at the rear! DOHH !

Brittbugs80 · 03/08/2017 08:19

Would it be any cheaper to bring your fence in than extend it out and lose some of the garden?

I'd also plant something in the mud area if you can't extend, it sounds like she is driving over the mud which is why everything is dying and she's just got used to doing it.