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AIBU?

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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:
dementedpixie · 26/02/2019 14:53

Also known as a drying green. This is interesting as I live in Scotland:

www.atlasobscura.com/places/the-drying-green-glasgow-scotland

mumsiedarlingrevolta · 26/02/2019 14:57

@dementedpixie Blush I did type drying area but didn't realise I came up with dry area.

I thought it seemed odd...

ItWentInMyEye · 26/02/2019 15:07

What's the thread please @ineedaholidaynow ? I love threads like that!

Omzlas · 26/02/2019 15:12

Pretty sure that even though they've erected (snigger) it on your land, you are responsible for it and you can do as you wish with it. I'd send them a letter, recorded delivery, giving them 2 weeks to take it down and warn then that failure to comply will result in YOU taking it down and disposing of it and then you billing them for the cost.

CFery

ineedaholidaynow · 26/02/2019 15:12

I'm afraid I can't do links, but it is called "Neighbour stole my woodland"

ChesterGreySideboard · 26/02/2019 15:13

That is why I asked if the property was in England, drying greens are far more common in Scotland

Eliza9917 · 26/02/2019 15:25

dementedpixie Tue 26-Feb-19 14:53:29
Also known as a drying green. This is interesting as I live in Scotland:

www.atlasobscura.com/places/the-drying-green-glasgow-scotland

That must be where the saying to air your dirty laundry in public comes from. Richer people would have their own gardens so looked down on poorer people.

CuriousaboutSamphire · 26/02/2019 15:36

Can I just check...

Do you ow the land as in have soleowneship or is it common to all the properties and has been lodged with your deeds for simplicity?

If the former then the fence needs to go.

If the latter then I suspect you're in for a bit of a fight from all neighbours when they grasp the reality of the situation. DSis had a neighbour whose deeds had the common parking and turning space attached (usually the last house completed in a new development). He claimed ownership and caused absolute chaos. Nobody could sell as he was lodging complaints and trying to stop them crossing the common/shared access land.

BreakfastAtSquiffanys · 26/02/2019 15:46

Which number house is yours, and which is the house you think put up the fence?

dementedpixie · 26/02/2019 15:49

I'm guessing frim the picture and that the red box encloses house 3 that OP lives in that house. I'm guessing that house 2 has attached the small fence to OPs fence to make it look like it belongs to them instead

wowfudge · 26/02/2019 15:52

If you read the OP's opening post you'll see she owns the house but doesn't live there as it's rented out. No doubt if she were on site daily they wouldn't have done it or she'd have nipped it in the bud.

SpringForEver · 26/02/2019 15:54

‍

BreakfastAtSquiffanys · 26/02/2019 15:59

@dementedpixie I'm sure you're right, I totally missed that house 3 was inside red box!
I can't see why house 2 want to annex this strip?

babydreamer1 · 26/02/2019 16:13

Yep if it's your land you can remove what you like from it, just don't damage the fence and return it to them.

I'd put a note through first though giving 7 days for them to remove first though.

ChesterGreySideboard · 26/02/2019 16:41

I can't see why house 2 want to annex this strip?

To use as a private garden I guess.

SoupDragon · 26/02/2019 16:44

Yes, it looks like a private back area to me.

BreakfastAtSquiffanys · 26/02/2019 16:44

"To use as a private garden I guess*
They already have a garden which to the front and side of their house.

Maybe they want to put people off using the drying area, since they look out on it

SoupDragon · 26/02/2019 16:44

I mean they've made it look private.

Original poster
Flossyfloof · 26/02/2019 18:17

To my knowledge, no one has ever really used the drying area. Each house has their own private, fenced in garden. However, the house whose owner I suspect has put up the fence only has a front garden which looks out onto a fairly busy road. I think maybe they have annexed the drying area to use it for a bit of privacy.
I will check the wording of the deeds. I have a,ways been very clear, following discussion with my solicitor when I purchased the house that the land was mine, but that the land was for turning and the little slip of mind was a drying area.
Thanks so much all! I can’t/ won’t do anything until I have checked the deeds.

OP posts:
CuriousaboutSamphire · 27/02/2019 06:56

the land was mine, but that the land was for turning and the little slip of mind was a drying area. That could be taken as you have, it's yours, or as it is your land but is for communal use, i.e. lodged with your deeds for simplicity!

Either way, they can't annexe it. But you might get more help from neighbours if they realise that the one house is nipping off an area that is for the benefit of all

LakieLady · 27/02/2019 07:08

What is it with all these CF land thieves?

I can't imagine the thought process that leads someone to conclude that it's perfectly fine for them to annexe someone else's garden/drying area/woodland for their own use.

But perhaps I'm lacking the CF gene.

Original poster
Flossyfloof · 27/02/2019 10:25

Tbh I might not sure I would get much suooort for anything from the owners of house 1. A few year soon ago they were having a new gate (their gate and mine are next to each other, divided by a wall. Their contractor took my gate off and replaçed it. Left muni quite pretty wrought iron gate in my garden. When I phoned the agent to ask what the heck was going on they said their contractor had made a mistake but would I like to make a contribution to the new gate? Then, in the summer, they had some work done on my roof. Asked my tenant if they could put scaffolding up and told her that the issue was on their side. I spoke to the tenant at house 1, lovely chap, who turned out to be the dad of a girl we used to teach! So we had a chat, he told me all about the problems, DP went on the roof to check the work and to make sure that they hadn’t done any damage to my roof and man next door happened to mention that’s it was his landlord’s son-in-law who was doing the work. I subsequently got an official bill from a builder telling me that I owed £400 for the work they had done on my roof. CFery abounds!

OP posts:
Ohnonotuagain · 27/02/2019 11:00

It's quite common with new build houses for one of the houses to own the communal areas
Is it?! I work in this area and I've never seen it.

SavoyCabbage · 27/02/2019 14:09

I’ve had two new builds where communal areas were on my deeds. One a path that ran down the side of my house and then round the back of my neighbours house for them to access their garden and another a ‘visitors space’ that was between my house and a neighbour. So there were three spaces and we owned one each and the middle one was not mine but it was on my deeds and not hers. And for communal use. I suppose so that if something happened to it I would have to pay for it.

Both houses were David Wilson and I wouldn’t hold them up as being brilliant at boundaries as they actually had to buy our first house back off us as they built it 3m in the wrong place so we didn’t own the land it was on. But that’s another story!

CuriousaboutSamphire · 27/02/2019 15:55

I work in this area and I've never seen it. Really? Never seen a group of houses set around a parking/turning space and having that piece of land hooked onto one set of deeds for convenience? The other deeds usualy have somehting about paying towrads its upkeep Savoy you might want to check that bit!

Odd! I've known of and lied in quote a fewplaces that do have it. Could be just my luck I suppose