To take down this fence panel?

[Flossyfloof]

I own a house (rented out) which is one of three, with a turning area, parking spaces and drying area. The only parts of the outside space which do not belong to me are the parking spaces for the other two houses. The owner of one of the other houses has put up a fence across one section, effectively annexing it to their house. On the deeds it’s called a drying area. It’s overlooked by their back window (sitting room) and my kitchen. I have asked my letting agent to ask him to take the fence panel down. This was several weeks ago. He Wibu to take it down myself?

If you aren't getting any response, I'd remove the panel, but get someone to record you knocking at the door to inform them first.
It's your land, by the sounds of it that is incontrovertible, so you are well within your rights.

I’d send a letter myself.

It’s hard to say whether it would actually bother me or not as I can’t picture the layout, but even if it didn’t bother me, it would concern me that I was setting myself up for them to end up having a legal claim on it.

I don’t know if the agent will give me the address of the owner but I’ll try.
I’ll do my best to post a diagram tomorrow.

I'd put a note through the letterbox informing them that you actually own the piece of property in question, and that if they have any doubt about that you will be happy to show them your deeds. Give them a date by which to remove the panel and state that you will do it yourself if it's not done by then.

Ok, I don’t knownif this will work!

I have marked houses 1 2 and 3 and their respective parking spaces. The rest of the land, outlined in red, belongs to me. The space marked D in green is the drying area, the blue line is where they have put up a fence panel, making it look as if the drying area is actually a bit of back garden as it leads into the side area of their house.

I always thought that if its on your land, its yours to do with as you want. I would take it down carefully and leave it on their property to dispose of.

As I said, my biggest issue would be the owner having some right to later own the land, but it takes quite a few years for that to happen (10 I think?!). So I’d address a letter c/o the tennant saying you’ll remove it in 7 days if they haven’t. Give your contact details.

Its not for the agent to take up legal matters relating to the property. Thats your responsibility to contact the neighbours directly.

As the fence is causing a trespass you are perfectly entitled to remove it. I would give them the chance to remove it first. If they don't t then take it down and put it on their property. As the owner you are within your rights to mitigate the trespass.

What's a drying area?

which doesn't belong to me
What was your question again?

I'd never heard of a drying area either @RebeccaCloud9

www.thefreedictionary.com/Dry+area

I would do what accrossthepond says. Write them a letter with a deadline to take it down.

It's quite common with new build houses for one of the houses to own the communal areas. I think it's so that someone has the responsibility of it so you don't have maintenance fees like in flats. Out neighbours sectioned off a path that only they needed to use that ran along the back of our garden but that we owned. We asked them to take their gate down as we didn't want complications when we sold.

Write to ndn and ask them to remove panel by x date. If you own the area in red does that mean there is a right of access for 2 and 3 over it to use the parking. So the area is not really communal? Maybe enclose a copy of your plan and the wording of the easement as a "reminder".

Monty27 - I don’t understand your point.

I’ve always assumed that the drying area is an area for a rotary clothes line. I don’t think it’s anything to do with the foundations, it isn’t explained in the deeds.

Fgs - why can't some people on this thread just accept what the OP has said! A person can own land over which others have rights of way and other rights of use. OP you can probably get the owner's name and address by downloading the title register document of the house from the gov.uk Land Registry website. It costs £3.

I would write a letter and send it to the landlord and the tenant giving them 14 days to remove the fence and make good any damage to your property and stop annexing your land as their own when it is for the use of all the houses. Enclose a copy of your title plan and offer to come round and show them what is yours. Get proof of posting, but don't use a signed for service.

Actually, I would go round in person to the house and speak to the tenant, handing them your letter.

If nothing has been done after 14 days, remove the fence yourself and put in on their property. Send a solicitor's letter if necessary.

CFs who do this kind of thing rely on you not being around to see what's going on and take action.

Wow what a bizarre set up. The people in houses 1 and 2 have to go out their front doors, all the way round the back of house 3 and up a little side passage to get to the drying area! And one house owns all but two of the parking spaces! Op, what has been the response from the people living in house 3 to any efforts at communication so far? It would seem provocative to take the panel down without talking to them about it.

Firstly it belongs to me; secondly it is a communal area

I don't understand this.
How can it be both?

But not as provocative as putting up a fence attached to someone else's property and trying to annex it as your own.

What is wrong with some posters: the OP owns it, the other houses have rights to access the land. It's called an easement. They are relatively common.

Wowfudge - I just think in the first instance the op should give the fence panel erector the benefit of the doubt (ie. assume they didn't know they were doing something wrong) for the sake of good neighbourly relations. Only escalate things if necessary.

I always imagine that a "drying area" is like a communal spot in a yard for hanging laundry. Are the houses old?