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AIBU?

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Boundary dispute

104 replies

Corono · 08/09/2020 17:35

Posted here for traffic.

We have a shared drive, moved in recently and want to redo our part of the drive. However the current next doors drive extends up to the edge of our garage. The garages have a small gap between them and the land registry just shows a straight 50/50 split. So we've lost space. There is two different types of concrete their currently. The neighbour says that's the divide the split in the concrete.

It makes parking on our side drive very tight as we've lost c. 6 inches of space.

To redo the drive we would need to cut back the concrete belonging to the neighbour.

Is this allowed? Don't want to fall out with them but don't want to pay £000s for a drive that's going to be down years and not get the full benefit of what's rightly ours.

OP posts:
Veterinari · 09/09/2020 09:21

Can you post a photo OP? It would help to see where the drive and garages line up

Seeline · 09/09/2020 09:26

I deal with plans daily and can see that the dotted line on the plans does not show a 50/50 split. It is definitely closer to your property meaning your neighbour's drive is wider than yours.

I would be very careful before touching your neighbour's drive.

StrongTea · 09/09/2020 09:51

Can you speak to previous owner of your house and ask if this has been an issue previously?

Yellowbutterfly1 · 09/09/2020 09:58

Definitely looks like a 50/50 split to me

Seeline · 09/09/2020 10:01

Even just measuring off the plan on the screen will show you that it isn't a 50/50 split. If you have a copy of the plan at the correct scale, you should be able to actually calculate the gaps either side of the boundary.

Whatthebloodyell · 09/09/2020 10:16

I don’t think that your plan is detailed enough to confirm or deny a 50:50 split. Just because a 50:50 split makes more sense, that doesn’t mean that is how the houses were built.

Corono · 09/09/2020 10:19

Even just measuring off the plan on the screen will show you that it isn't a 50/50 split. If you have a copy of the plan at the correct scale, you should be able to actually calculate the gaps either side of the boundary.

I've measured it, it's 50/50 exactly.

OP posts:
Corono · 09/09/2020 10:22

Sorry I bolded the wrong quote!!

I deal with plans daily and can see that the dotted line on the plans does not show a 50/50 split. It is definitely closer to your property meaning your neighbour's drive is wider than yours.

I've measured it, it's 50/50.

OP posts:
SBTLove · 09/09/2020 10:23

@MsSweary
3ft of driveway? that’s fuckin bold!!!
Glad your dad won.

Bwlch · 09/09/2020 12:47

Is it even worth arguing over for the sake of six inches. If it's a shared driveway, you get to use your neighbour's bit whenever you want anyway.

Itsrainingnotmen · 09/09/2020 12:58

What if ndn moves a fence 6 inches?
They have already been a cf with the other side ndn.
Claim your inches op!!.

Corono · 09/09/2020 13:12

Is it even worth arguing over for the sake of six inches. If it's a shared driveway, you get to use your neighbour's bit whenever you want anyway.

Absolutely we would not be able to put a wheel half an inch of their part.

OP posts:
UserLame · 09/09/2020 13:20

hi OP, I work with land documents; off a glance that is a 50/50 split. I don’t have a ruler to hand but that very clear looks like a line right down the middle to me.

I would advise your neighbour that you’ve spoken to a boundary lawyer (assuming you do) and that they’ve confirmed that her drive is over the boundary. Inform her your intentions to slice her drive back to the boundary line and assure her that you will show her the intended place to cut before this occurs.

I’d stay very chipper about it, but be firm. Sounds like she will most defo kick off, and you need to be clear you aren’t going to be messed with.

Good luck!

Corono · 09/09/2020 13:57

@UserLame I have contacted one and I am awaiting a call back.

Thank you.

OP posts:
Bwlch · 09/09/2020 14:56

Absolutely we would not be able to put a wheel half an inch of their part

Then it isn't a shared driveway. My next door neighbours have a shared driveway, they both share the use of it.

Corono · 10/09/2020 12:54

So the black line is actually the gap between two bits of concrete. Our garage is on the left and you'll notice that the neighbours concrete is actually in front of our garage.

Another couple of things she's done is when the NDN the other side put up the fence, they also had the property on the market and she called their estate agent to tell them she disputed the fence. She then joyously told me that they'd said they would no longer market it. Rubbish as it moved to sold shortly after.

We originally (due to job location) let our property out initially, she had contact number for me. The tenants advised that the drain was blocked and over flowing, the man hole is on the drive, over both drives but mainly on hers. We arranged for someone to unblock it, they knocked on her door to advise they were unblocking it. She then complained to our letting agent that they stood on her drive at times. It's a shared manhole and the drain man advised that we have every right to access it to unblock it. I should've asked for half the money as it would've caused her an issue as well.

Anyway hope you can see the photo ok.

Boundary dispute
OP posts:
Corono · 10/09/2020 13:00

Sorry to be clear, we want the gap between the two drives to be down the gap between the middle of the garages.

OP posts:
Bargebill19 · 10/09/2020 13:01

So in her eyes she would also own the outer wall of your garage ........ so she can pay for that to be maintained??????!

giletrouge · 10/09/2020 13:08

Did the boundary lawyer get back to you OP?
Your neighbour sounds like a right pain in the arse.

Corono · 10/09/2020 13:17

Currently playing telephone tennis with the lawyer @giletrouge . But arranged to both be available tomorrow PM to chat. I presume he will want certain phots etc from me.

OP posts:
giletrouge · 10/09/2020 13:22

Good luck. I sometimes think boundary disputes are not worth it but from your pic I can see why you want to do it, plus with her being an utter arse over access to manhole frankly why should you even try and negotiate, she is not going to budge with reason and niceness and neighbourliness is she?
People like that reap what they sow.

Corono · 10/09/2020 13:26

I agree @giletrouge it's also going to make our drive look smaller when it's changed to block paving or whatever we decide to have. It's also costing us £££s to do, so I don't want to always be unhappy with it.

OP posts:
DoubleDolphin · 10/09/2020 13:27

OP, I'd just start by putting s fence ip between the 2 properties, right between the two garages. Then her concrete is on your side and you can do what the hell you like with it.

Corono · 10/09/2020 13:28

Bizarrely @DoubleDolphin I think that we have a covenant saying we can't have fences. The solicitor will check I'm sure.

OP posts:
giletrouge · 10/09/2020 13:44

I would do everything by book on lawyer's advice, then arsehole neighbour has no leg to stand on.

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