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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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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:

Thread gallery

ShesNoNormanPace · 03/08/2017 18:44

It looks like someone your neighbour has been driving over it to get it so muddy. It seems very strange that anything you plant there dies

Original poster

ihearttc · 03/08/2017 18:45

Non of the other neighbours are but I assume she is...well her boyfriend must have done to park there!

OP posts:

Original poster

ihearttc · 03/08/2017 18:46

It doesn't look like that now...that was from Google Earth. We put gravel over it a few years ago to stop it looking so muddy etc.

OP posts:

RaspberryOverload · 03/08/2017 18:51

OP, while you're waiting for the information on whether you can adjust your fence, why not try planting a couple of shrubs or something? See if they mysteriously die off again. If you check every day, you may see signs of weedkiller if that has indeed been used.

AhoyPirates · 03/08/2017 20:50

The planning thing is that you are not replacing the fence, which by definition would take the place of the existing fence. You are looking to alter the position.

I know it seems ridiculous but estates are built with lots of regulations about sight lines and appearance even down to the number of shrubs planted up.

I just wouldn't want you to fall foul of planning laws.

We owner to the centre of the road at a previous house, the council had a duty to maintain the top surface but if they ever needed to dig the road deeper we were responsible for the bit underneath like everyone else in the street.

I have live on heavily sloped streets where the fence is 6ft on one side of the back garden and 4ft on the other but the 4ft fence is actually a 6ft one for the neighbour. We couldn't increase the 4ft fence height because it went off the ground level of the neighbour's garden.

I have spent a stupid amount of time on gardenlaw forum for boundaries/fences/rights of way due to my friend having issues with a neighbour.

If your neighbour hadn't kicked up a fuss then you might get away with moving the fence, but they will not take this lying down.

Lucked · 03/08/2017 22:03

I now know why the plants have died off - she has driven on them!

She should never drive or park on that land, it is making a mess of it, if it was considered necessary for access it would be tarmaced. I would reclaim it having seen it.

mistlethrush · 03/08/2017 22:48

Ahoy - you can go up to 2m between neighbouring gardens - so as long as it's 2m for your neighbour it would meet the 'permitted development' rights (unless there's a specific condition stopping you building the boundaries at a higher height)

mistlethrush · 03/08/2017 22:50

(but, yes, fences next to highways, which the OP's fence is, cannot be more than 1m high without planning consent - it has consent for the 1.8m where it is, but not in a different position)

MsAdorabelleDearheartVonLipwig · 03/08/2017 23:23

You don't need to change the shape of your garden to accommodate rigid fence panels. You can buy willow or hazel woven fencing that bends wherever you want it to. Looks much nicer too. This place does it for £40 a panel, so cheaper than panel fencing too.

anotherdayanothersquabble · 03/08/2017 23:32

Why don't you point out that you own the land and offer to be flexible... get her to show you how she parks her car and map out the space she needs and then you can get the fencing guy to 'work around it'. Hopefully, this will embarrass her into parking like a sensible human.

scaryclown · 03/08/2017 23:46

To me it looks pretty clear that fencing the muddy bit in is how the design was intended.. And the existing fence is wrong. From the Google earth pic a curved pence along that muddy edge frames the properties being it more nicely than an odd strip missing paving by a fence. Ut doesn't look like an estate with flower beds at the Base of each femce

Collaborate · 03/08/2017 23:59

Why don't you point out that you own the land and offer to be flexible... get her to show you how she parks her car and map out the space she needs and then you can get the fencing guy to 'work around it'.
Why would any human being with an ounce of self respect offer to donate some of their land to CFN?

Collaborate · 04/08/2017 00:02

I must have missed the google earth pic. I've seen the street view one though.

the fence is in the place intended. If you look at the plan in the first post on this thread the fence is marked out. I reckon that is due to planning issues. Whether or not it was due to planning issues at the time, OP has a problem. She will need PP to erect a fence further towards her boundary than the existing fence unless it is 1m or less.

OP - how about planting some trees?

thekillers · 04/08/2017 00:03

Check the original planning- lots of new builds say you can change the fencing or fence off.

Collaborate · 04/08/2017 00:08

Check the original planning- lots of new builds say you can change the fencing or fence off.
That's a non-starter. Even if PP provided for that (which is unlikely), a grant of PP only lasts 3 years and lapses after that if there is no development.

HiJenny35 · 04/08/2017 03:29

I'd just tell her you've spoken to a solicitor and that you are moving the wall 10cm and that you can do what you want as its your land as long as you don't go into the cross hatch area of the plans. That if she carries on being unreasonable you will simply fence off the whole area of your land up to the boundary and that you don't appreciate her being so unreasonable about it, you've been very kind allowing her to swing over your land to park as it is. Her lack of parking skill really isn't your issue.

HiJenny35 · 04/08/2017 03:34

If she kicks up a fuss and makes you alter your fence stick a wacking concerete planter on the land and plant some plants in it so at least it's your land again and not her area for driving.

AnotherLegoBrick · 04/08/2017 05:41

MsAdorabelleDearheartVonLipwig - but this wouldn't match the rest of the fencing.

TakesTheCake · 04/08/2017 08:13

If there is any doubt at all, the slightest grain, I would stump up the extra to renew the fence as it is, rather than embroil myself in something that might end up costing solicitors fees to sort out anyway.

Then I would invest in some nice, attractive boulders and put them into the muddy bit so that a. she can't use it to swing her car through and b. she can't weedkill them in the middle of the night.

I have a feeling she killed the original bushes and then the ones you planted. You said they died quickly...

mistlethrush · 04/08/2017 08:50

The Planning Permission for the development has been implemented, which means that you have permission to put the fence up where it is - there's no time limit on this (because all the rest of the development has been implemented). You could put a 1m fence up round the outside edge without any planning consent (but this would not achieve what you wanted). You would need planning consent to move it to the outside edge (or further out) and there would be an application fee for this. But you could do it as a householder application which you could do yourself.

I like the idea of the concrete planter!

headinthecloud · 04/08/2017 09:11

Could you put pots there if nothing will grow in the soil? That way it doesn't affect her visibility as she clearly can't drive very well and of the pots die then you know something suspicious is going on.

nocake · 04/08/2017 14:27

Let me tell you about our house. In our deeds we have two restrictions on cutting the trees on our property. One is applied by the council so if we want to cut the trees we have to ask for permission. The other is applied by the original owner of the land. Now the first question is... Who is that? The second is, if he or she objects to us cutting the trees what can they do about it? They could take us to court but that would be expensive for them and if they win what will they get? They won't get any compensation because they'd have to prove some sort of loss. They would get the satisfaction of winning and a large legal bill. Meanwhile we would still have cut the trees.

The same applies here... If there is a rule on where you can put the fence who is able to enforce it? It almost certainly isn't your neighbour. And if someone does try to enforce it they would pay a lot of money for very little result.

Original poster

ihearttc · 04/08/2017 16:24

I've asked MNHQ to take the thread down as apparently a friend has said neighbour has seen the thread and recognised house and is now kicking off again.

OP posts:

MeanAger · 04/08/2017 16:31

Is friend stirring up shite or has neighbour genuinely seen it?

AcrossthePond55 · 04/08/2017 17:06

Just a 'best of luck' before the thread is zapped.

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