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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

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:
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7
agedknees · 03/08/2017 08:19

Post a leaflet for driving lessons through her letterbox.

Yanbu, but I would get legal advice just in case.

HaPPy8 · 03/08/2017 08:31

I think your fencing guy is having you on! I think i would get another quote from someone else as i can't believe replacing those panels should be an issue.

Having said that your neighbour is being unnecessarily difficult, it wouldn't affect her life a jot if you moved the fence out a bit.

SoupDragon · 03/08/2017 08:33

I do think that the first thing you need to do is prevent them driving over that piece of land.

Original poster
ihearttc · 03/08/2017 08:59

Wow loads of replies!

The problem is at the moment the fencing panels and concrete posts are all different sizes. Some are standard sized and some have a much smaller gap...there is one with a tiny panel of about 40 cm in it. We can replace it like for like but then the panels would need to be made/cut especially. Also then if the fence breaks again (which is quite likely given I have 2 boys who play football in the garden!)we will have to go through the whole thing again. We (and the fencing guy) thought it would be easier to make them all standard sized panels so that we can simply pull the panels out and replace where necessary.

We can move it in rather than out...Im ok with doing that but it then just makes a bigger piece of land behind the fence which we have to maintain but can't have access to which seems crazy.

With regards to her swinging out what you can't see is there a huge area for her to get out which isn't visible on the photo....she would need to go straight back and then turn rather than turning immediately she moves her car.

OP posts:
lovethebeach · 03/08/2017 09:05

If you originally had plants there but they died because of the soil quality why don't you plant in pots and put them there for now?

lovethebeach · 03/08/2017 09:09

Sorry just looked at your plan again why don't you take your plan to citizens advice bureau or solicitor or someone just to check?

Hotheadwheresthecoldbath · 03/08/2017 09:13

Why can't she drive forward and reverse into her space?You're just putting your fence forward on your land to make the fence straighter so won't reduce visibility.Go for it.

ivegotdreadfulpmttoday · 03/08/2017 09:21

I think advice from a solicitor is going to be more expensive than a fence.
Boundary disputes are not to be encouraged.

Ghjklf · 03/08/2017 09:33

We can replace it like for like but then the panels would need to be made/cut especially.

What type of fencing is it. (Photo?) ) Cutting panels to size or making ones to fit isn't usually a big problem.

Original poster
ihearttc · 03/08/2017 09:38

The are just normal 2m high fence panels but because of the curve of the garden the concrete posts have been set at varying distances. We wanted to be able to replace the panels easily so fencing guy said that its easier to just redo the posts at standard distances and then get standard sized fence panels cause to custom make them would cost loads more.

OP posts:
BumWad · 03/08/2017 09:41

Pictures make it very clear that it is your land.

Fence away

IHateUncleJamie · 03/08/2017 09:48

It is much easier and no doubt cheaper to have standard sized fence panels. I'd check with planning or the CAB but it certainly looks as though the mud bit is yours.

Assuming NDN has two parking spaces outside a double garage? In which case, why does her BF need to park on your mud? His car will be harder for her to navigate round than a fence.

Don't bring the fence inwards and make your garden smaller, btw - that's mad.

mistlethrush · 03/08/2017 09:48

If you originally had planting in that area (and the developers planted large bushes) it cannot be required either for visibility or swept path. Quite why the fence line was put in as it was is questionable - hopefully you'll get confirmation that you can use this bit of land for what you want.

CoraPirbright · 03/08/2017 09:48

This is what I would do:

  1. get solicitor to do all the relevant searches to ascertain that the land is definitely yours, what rights of way, if any, exist etc
  2. if it is yours, fence the entire thing - yippee bigger garden/increase appeal/value of your property.

It's very sad that your neighbours will be pissed off but them's the breaks. I am pissed off that a piece of land originally belonging to my house was sold in the 90's and a house built on it. But hey ho. I bought this house anyway and there you go.

thenightsky · 03/08/2017 10:49

It looks like the original fencing people were just too lazy to make it fit the plot. Also, as you say yourself, to get a custom fit will be expensive.

I don't think your neighbours will have a leg to stand on if that is your boundary.

iknowimcoming · 03/08/2017 12:51

Just wanted to add why not look at getting the fence done without panels - closeboard I think it's called (photo attached) then you wouldn't need to faff with cutting down panels to fit - agree with pp get another fence company to quote just in case.

Arghhh parking and annoying neighbour...
Ceto · 03/08/2017 12:54

You need to get the extra bit fenced off anyway. If the neighbours have been in the habit of using it for the last 10 years and it extends to 12 years, they might start claiming a right by prescription. No idea if it would succeed, but you don't need the hassle.

AhoyPirates · 03/08/2017 16:58

From Planning Portal

"You will need to apply for planning permission if you wish to erect or add to a fence, wall or gate and:

it would be over 1 metre high and next to a highway used by vehicles (or the footpath of such a highway); or over 2 metres high elsewhere

This has nothing to do with ownership, that isn't in dispute, and it doesn't matter how much room she has to reverse round in this is to do with visibility when pulling off a driveway.

Imagine if this was a typical street with houses facing the road, no-one is allowed to fence in either side of their drive right to the pavement and block the visibility.

All that would happen with this is your neighbour would report you and you would possibly be in breach of planning meaning you have to move the fence back to the original line costing you more money.

You need to check with planning about visibility and moving the fence line.

I know about this because the position of our house is weird to the road and we fall under this rule and would have to apply for planning to erect a fence.

Original poster
ihearttc · 03/08/2017 18:09

But it also says on the planning portal that you can do not need to ask for planning permission to replace a fence if you don't increase it's height. Im not erecting a completely new fence...Im replacing a broken fence with one that is at a slightly different angle.

I actually called Planning Department this morning and the woman I spoke to said that she didn't know the answer which was rather helpful!!

OP posts:
Original poster
ihearttc · 03/08/2017 18:10

This is off the planning portal...

Arghhh parking and annoying neighbour...
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Original poster
ihearttc · 03/08/2017 18:16

Also if it is to do with visability then why don't I have the same space my side? I have zero visability so just have to reverse back slowly until I can see because my fence and the other neighbours (not the one thats causing the problem) is in the way.

Im just massively frustrated by the whole thing tbh. Loads of other houses on the estate have completely changed the shape of their garden yet all we want to do is take up a tiny bit of land. They've got more visability now than they had when the bushes were there anyway!

And if planning don't know the only other thing to do is speak to a solicitor I suppose.

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tallfox · 03/08/2017 18:25

If stuff grows inside your fence I can't see why it dies on the other side, unless your neighbour has been very sneaky indeed.

Original poster
ihearttc · 03/08/2017 18:27

We don't have anything inside the fence other than grass tbh (flowers are in pots on the patio) so its quite possible that stuff wouldn't grow on the inside either but it does seem very strange.

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AtHomeDadGlos · 03/08/2017 18:39

Just crack on and build the fence.

tallfox · 03/08/2017 18:42

If grass grows, then shrubs should too. Are the neighbours driving over the muddy bit?