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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To take down this fence panel?

106 replies

Flossyfloof · 25/02/2019 23:28

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?

OP posts:
downcasteyes · 26/02/2019 07:28

Some people are being deliberately obtuse on this thread. It's almost like some of you are contrarians who just want to give people a hard time because you have some bile you need to splurge out on the world.

OP: have a word with the people who have put the fence up. Explain that it's land that you own, but with a communal right of access/use, and that therefore annexing parts of it is not appropriate. Ask them to take it down by a certain date. (Saves you a job!) Good luck!

MrsElijahMikaelson1 · 26/02/2019 07:28

I would send a letter as above with a date and if not done by that date then take it down

SoupDragon · 26/02/2019 07:30

Have you checked the deeds to the other houses to make sure theirs agree with yours WRT ownership?

wowfudge · 26/02/2019 07:32

bibbity that is exactly why I suggested she go round with a letter explaining the ownership and speak to the tenant, sending the same letter to the LL. Give them 14 days and if it's a genuine mistake they'll do as they're asked.

Handprints2018 · 26/02/2019 07:35

Is the drying area a right of access area? My friend has similar for bin storage. They share access and use but it belongs to her neighbours and they maintain the fences there.

I would send your diagram to them, give them 7 days to remove or you'll remove it and recoup any losses. Honesty i would consider blocking their parking on your property. Fences will a right of way alley? Check the deeds what you can do.

randomchap · 26/02/2019 07:35

Go to a solicitor, get real legal advice. They'll probably send a letter to sort it.

TitusP · 26/02/2019 07:36

@Flossyfloof If I were you I would ask for this to be moved to the legal or the property section as you will likely get more responses from people in the know.

VelvetPineapple · 26/02/2019 07:42

It looks like House 2 needs access over the fenced off land to reach their parking space? Could cause huge problems if the fence isn’t removed. A solicitors letter is the way to go imo.

SoupDragon · 26/02/2019 07:44

I think House 2 is the one who's put the fence up

Collaborate · 26/02/2019 07:46

I agree with the others who have suggested a letter giving a deadline, followed by action yourself.

Original poster
Flossyfloof · 26/02/2019 07:46

Thanks everyone. The erectors of the fence don’t have to go across the drying area, they could go round the front, but it’s much quicker if they go through where the new fence is.

OP posts:
BoringPerson · 26/02/2019 07:48

.

ResistanceIsNecessary · 26/02/2019 07:50

Send a letter, with a copy of that diagram explaining that the land belongs to you and that they have 7 days to remove the fence and return the land to its original state. If the fence is still in place by X date you will remove it yourself.

ineedaholidaynow · 26/02/2019 07:51

I thought a drying area was where you could hang laundry. If the houses are old I assume there would have been a long clothes line running along the back of the whole garden at some point.

I seem to remember a thread from a few years ago about a dispute about a drying area, and I think they had photos/ deeds showing where the poles for the clothes line should be.

OP there is another thread currently running about someone fencing round a woodland, which doesn’t belong to them but belongs to the OP, and they are trying to claim ownership. The OP in that one is going down the solicitor route.

CoolJule43 · 26/02/2019 07:56

Flossyfloof
To find out who owns land/property go online to Land Registry's website and complete relevant form. It owns costs a small amount.

thelonggame · 26/02/2019 08:04

I live in a house with a 200ft drive down to four houses.
On the property Deeds the whole length of the drive is part of my land, but it is also on the other three Deeds too which mean we all share ownership.
I would check if this is the case for you, I suspect it could be.

SoupDragon · 26/02/2019 08:14

I don't think that means you can fence chunks off for private use though.

Original poster
Flossyfloof · 26/02/2019 09:12

I have always Ben clear that the only part of the land that they own is their respective parking spaces ( see deeds).obviously could be wrong, though ( but I rarely am 😆)

OP posts:
Original poster
Flossyfloof · 26/02/2019 09:12

Been clear!! I don’t know anyone called Ben.

OP posts:
SoupDragon · 26/02/2019 09:13

Do their deeds agree?

Muddysnowdrop · 26/02/2019 09:31

My deeds show my land (aka small back garden and side return) in a red border and one pathway which is shared with a neighbour is bordered in yellow.

thelonggame · 26/02/2019 14:02

have you checked their deeds? The same area can be on all your deeds as a shared area.

Eliza9917 · 26/02/2019 14:40

mumsiedarlingrevolta Tue 26-Feb-19 06:47:53
I'd never heard of a drying area either RebeccaCloud9

www.thefreedictionary.com/Dry+area

I thought a drying area was a communal washing line area, like you get in blocks of flats Confused

dementedpixie · 26/02/2019 14:47

That's a Dry area you have linked to not a DRYING area

dementedpixie · 26/02/2019 14:48

And it's a place to hang washing