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Original poster

Driveway fencing & Neighbour issue

33 replies

Mysticelf · 28/12/2018 09:06

Hi all looking for advice please. 🙏

We live in a typical semi and the unattached side of the house has our driveway running from the front of the property all the way along the side of the house to the garage (which is effectively in the back garden).
The unattached neighbours then have their drive running along side it.

They are not shared drives and there is no divide between the drives except a very narrow grass verge. It seems that when the estate was built all the driveways were like this with no fence.

The drives are very narrow and our neighbour has a works van which when parked along side his house blocks his drive completely, however they tend to use their back door as their main entrance/exit to their property which means they constantly walk along our drive.

Our drive is also used by them to put the bins out, take their motorcycle out of his garage to get to the road. Working at the side of his van with the sliding door open. Their son to take his bike out... etc.
It gets very frustrating as it just seems to be taken for granted that they can use our drive.

We do not currently use the drive along the side of our house, so it’s wasted space for us, so we thought of fencing it in to the front of the house (where there would be gates). We could then have an enclosed space from the back garden which could be a play area or storage area.

We’ve mentioned doing this to the neighbour who was unhappy with the idea as it would change how he uses his own drive. ie he wouldn’t be able to park his van at the side of the house as there wouldn’t be enough room to get out of it. (It’s worth noting that we have long front gardens which the drive runs along in front of the house which you can park 2 vehicles on, so it would not mean him parking on the road).

What do we do?

We want to go ahead with putting a fence up, we’d thought we’d put it slightly on our side of the boundary. But we know the neighbour doesn’t was this specifically so he can have access to and use our property!

I really don’t want to get into a dispute, but I’m not sure what to do. 🤷‍♀️

OP posts:
UnexpectedItemInShaggingArea · 28/12/2018 09:17

It's your land, you can do what you want.

It wouldn't bother me what your neighbours are doing, it doesn't seem excessively intrusive. But everyone is different. I guess the presumption is as annoying as the act?

GabrielKnight · 28/12/2018 09:20

Put the fence up. Your land you can do what you like!

MrsFezziwig · 28/12/2018 09:25

I would do it although your neighbours won’t be pleased (but they’re being completely cheeky if there is somewhere else they could park the van off-road). Say you need it for an enclosed play area for kids (I’m assuming you have some).

I may have this totally wrong (so am happy to be corrected) but isn’t there something about if land is used for access etc. for a certain length of time then that becomes a right rather than a privilege, so you then wouldn’t be able to stop them using it?

seven201 · 28/12/2018 09:29

If you want an enclosed area because you just want one then do it. If you just want to stop your neighbour cutting across your drive I think you should leave it. I don't think what they're doing would annoy me but I'm not living it, so maybe it is really crappy.

averylongtimeago · 28/12/2018 09:30

In theory you should be with in your rights to put up a fence, but check your deeds.
Lots of housing estates have restrictive covenants which prohibit fences between drives and at the front.

wowfudge · 28/12/2018 09:33

They are CFs and you are well within your rights to put a fence up unless there is a covenant in the title register precluding this. Has anyone else put a fence up? If you do this is it still possible to access your own garage by driving up the drive or will it make it too tight? Don't forget that the dimensions of most vehicles have changed since the 1930s.

I'm afraid he may not be happy but it's tough. I'd look at fencing where you can't easily slide a panel out too as that might be putting temptation in his way.

ScottyBeam · 28/12/2018 09:33

Put the fence up if it suits you and you aren't causing any harm by doing so, they sound like they are selfish people who don't have any problems causing grief to others.

Bigonesmallone3 · 28/12/2018 09:34

As a PP mentioned it's only worth doin if it's for the right reasons..

If it's just to stop ur neighbours stepping on ur drive way it seems pointless..

spreadingchestnuttree · 28/12/2018 09:39

We have a driveway the same as yours. If a fence was erected, neither side could park a car on the driveway as it would be too narrow - we both depend on being able to open car doors over the boundary line. It would also be impossible to move wheelie bins to the pavement without moving the car off the driveway too, as they currently only just fit between the two parked cars (again, straddling the boundary line).

So yes, you have a right to put a fence up but I'm not sure it's entirely reasonable.

wowfudge · 28/12/2018 09:40

I realise I have totally made up the age of the houses based on another thread title!

EhlanaOfElenia · 28/12/2018 09:42

As said before, you need to check the deeds. Some estates don't allow for fences, and this might be why they allowed narrower driveways.

If you can have a fence, put one up, but put it up JUST on your side, so that the whole of the fence is on your land, but as close to the boundary as possible.

Original poster
Mysticelf · 28/12/2018 10:07

Thanks for all your responses 👍

I think the frustration has built up over time as it just seems to be expected that it’s ok to use our drive. They have never asked. E.g we once had our platio redone in the garden and the builders had moved our 4 wheelie bins temporarily onto our drive out of their way. The neighbour questioned why we had done this as the bins were blocking his way into our drive as they were where they would usually walk. It’s as if we aren’t allowed to use this space.

We have the land at the side of our house which we aren’t using as it’s fenced off from the garden due to gates at the end of the drive in front of the garage. We don’t park at the side of the house as you can fit 2 cars before the house starts. If we moved the gates to the front of the house enclose by fencing we would then utilise this space.

We don’t want to upset anyone but feel that we can’t do what we want with this space because the neighbour wants to use it.

OP posts:
Original poster
Mysticelf · 28/12/2018 10:14

Also, if we parked our car at the side of the house along side their van, it would be very difficult for either of us to get out of the vehicle. There wouldn’t be space to take wheelie bins or a bike inbetween. Just space for someone to squeeze through. That’s also why we don’t park at the side of the house. The drives inbetween the houses really aren’t wide enough for 2 large cars or a van!

OP posts:
ScottyBeam · 28/12/2018 10:21

feel that we can’t do what we want with this space because the neighbour wants to use it.

You paid for the land.

Your neighbour is free to offer to buy the land from you or find a home that suits his needs better, because his current drive is inadequate, that isn't your fault.

SushiMonster · 28/12/2018 10:24

Fence it in. It’s your driveway.

UnexpectedItemInShaggingArea · 28/12/2018 10:25

Can you sit down and talk to your neighbour about how they are making you feel? It sounds like the layout of the driveways make it very difficult for them.

I have a house with a very similar problem, I wouldn't dream of inconveniencing everyone by putting up a fence. It was just bad design in the 80s.

Maybe between the two houses you can come up with a solution that suits both.

Santaisonthesherry · 28/12/2018 10:27

Omg get some big pants on. You paid for that drive. For yourself. Not for your neighbours!
What if they wanted to put a trampoline in your garden?? Sure mate go head, wouldn't want to piss you off and say no!!

dontneedthedrama · 28/12/2018 10:28

If it's just to stop ur neighbours stepping on ur drive way it seems pointless..
Agree

LIZS · 28/12/2018 10:30

Unless they have a legal right of access over the drive or there is an enforceable covenant against enclosing front garden/drive (check paperwork from when you bought) you can do as you choose.

CarrieBlu · 28/12/2018 10:31

If it’s covenant free, fence it. Even if there is a covenant, depending on what neighbours around you have done, and how old it is, it may be difficult to have it enforced anyway. We put a fence around our front garden and driveway, breaking a covenant. We just purchased a one-off liability insurance to cover any issues or objections that could arise, although none did.

crimsonlake · 28/12/2018 10:34

Difficult one, but now it is clear you are planning to do this as you are tired of them using your drive. I think you need to weigh up the importance of staying on good terms with your neighbours as opposed to doing what is well within your rights. I would not worry too much about covenants as I lived on a lovely estate with such a covenant saying no fences to be erected as it was all open plan and no camper vans. People started doing both and apparently unless you are prepared to take people to court nothing is done. Possibly your neighbours are loaded and may threaten this, but the expense usually prohibits people pursuing this action.

PrincessScarlett · 28/12/2018 10:36

I also thought there is something in law about right of way over someone else's property if it's accessed without restriction/objection for 20 years?

Your neighbours are being CFs if they haven't asked if it's OK to use your land and there is another option for parking their van.

I think I'd start parking my car there so it sends the message that it's your driveway. If you put a fence up it is likely to antagonise them unless you can explain to them reasonably what the problem is/why you need to enclose your land.

Another option could be extending your property if wanting to extend or locating a shed/table and chairs etc as part of a garden landscape.

sluj · 28/12/2018 10:37

I'd rather have their van out of sight between the houses than parked next to the front garden. Looking at a van from the front room would annoy me more, I think.

ItIsChristmasTime · 28/12/2018 10:37

If your deeds allow it, then I don’t see why you are even asking. You clearly know it will annoy your neighbour but that is a separate issue to whether you can and are reasonable to fence in your garden.

Do you park on what is effectively your front garden then? I’ve seen many houses brick over front gardens to use for their cars as they either have such narrow drives they are not really useable or else it is generally more convenient. It sounds like your neighbour would be able to do this and still access his back door without any issues.

onedayiwillmissthis · 28/12/2018 10:37

Assuming you own the property (not rented) you need to check your deeds for any covenants/restrictions.

Then, if you find you can legally erect a fence...it's up to you to decide whether you wish to.