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Neighbour has extended their garden into communal rear driveway which means we cant access our garage.....

41 replies

another20 · 05/12/2017 11:35

what can we do? It was vehicular access which we have nt used recently. They can still access their garage. Council say it has nothing to do with them.

OP posts:
VivaLeBeaver · 05/12/2017 12:43

Go round and talk to them today. Maybe they’re just stupid muppets who haven’t realised. A car will win over a fence any day. I’m a tight cunt with a battered car and personally wouldn’t bother with a solicitor but maybe not the best advice.

A solicitor will cost but will eventually find in your favour but potentially could mean a court case, maybe they would have to pay your costs though? You could point that out to them. House insurance may have legal cover which you could use.

QueenOfAccidentalDeathStares · 05/12/2017 12:43

Do you have right of access over their land?

Usernom1234567890 · 05/12/2017 12:48

Queen it’s not the neighbours land, that’s the point.

Bobbybobbins · 05/12/2017 12:49

-Check you have right of access (looks like you are on to this)
-Speak to neighbours
-Either they take fence down or you instruct a solicitor

Good luck!

Usernom1234567890 · 05/12/2017 12:53

Should be able to download it straight away with this link:

www.gov.uk/search-property-information-land-registry

SnowBallsAreHere · 05/12/2017 12:53

This reply has been deleted

Message withdrawn at poster's request.

IceFall · 05/12/2017 13:14

-Check you have right of access
-Speak to neighbours
-Either they take fence down or you instruct a solicitor

Agree with the above, I'm not sure I would be brave enough to bulldoze their fence panels but might wish I was!

SheRaaarghPrincessOfPower · 05/12/2017 16:14

Yes you can download a copy online, and it'll show the boundaries. You need to show that you have access rights at the back as well.

Could you speak to other neighbours on the row and see what paperwork they have?

bunbunny · 05/12/2017 17:57

If you're downloading your deeds it would be worth downloading theirs too - to check that the rights of avcess in your deeds are also reflected in their deeds to show that you have a right if way over that bit of land.

Do you each own your own chunk of land and all have access to get where you need or does one property own it all and grant access to the others?

We live at the end of a drive of a handful of houses - when we bought, our solicitor was quite surprised that we own the drive and the others only have access rights. He said usually the houses he has dealt with each house has its own bit of the drive and then everyone has access rights to the bits needed. When the drive was changed it meant a lot of kerfuffle to update everybody's deeds - it wasn't done at the time and delayed our purchase by several months, so definitely worth getting sorted!

No idea what happens if the deeds state different things though!

InflagranteDelicto · 06/12/2017 21:16

How did you get on?

Bellamuerte · 08/12/2017 18:39

You presumably have an easement (right of access) over their land. This should be outlined in your deeds. Have a chat with them, and tell them if they don't take the fence down you will instruct a solicitor. Unfortunately you might have to go to court in order to force them to remove the fence.

Ta1kinPeace · 09/12/2017 12:03

THe neighbour does not own the land ....

WasDoingFine · 09/12/2017 12:09

@another20 - any update?

another20 · 10/12/2017 00:33

All sorted - fences coming down - they thought we wouldn't mind as dont use the access we could extend our garden as well.

OP posts:
MFR3 · 10/12/2017 00:43

Well done. Very presumptuous of them to make a decision on your part. As they say 'assume' makes an ass out of you and me

wowfudge · 10/12/2017 07:13

That's a great result for you - they were banking on you not minding or saying anything. If you hadn't objected they could potentially have established adverse possession of the piece of land over the next ten years or so.

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