Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Property/DIY

Join our Property forum for renovation, DIY, and house selling advice.

Flip

1 2 3 4 5

Original poster

Neighbour and her fence/access

114 replies

Tohaveandtohold · 28/05/2019 15:06

Hello, please I need some advice with regards to this as I don’t want to be a cf and bring this up if I don’t have to.
We own an end of terrace house with a shared driveway. The driveway is shared between the 3 houses on the terrace. We’re responsible for the maintenance, etc if anything comes up.
Neighbour on the other end has her own driveway and drive however she drives into her house regularly from our driveway but this has not been a concern really. Now the issue I now have is that over the weekend, she has started building a fence in front like trying to create a front garden and private driveway for herself meaning the only way for her access her property/ drive would be through our own shared drive way.

I feel we should say something to her now as she is indirectly creating a right of way to her house from our shared driveway but dh does not want a confrontation or anything.
I feel that if we need to do any maintenance, etc, we would be the ones bearing the cost but she would just be enjoying it and if she sells, all this will just continue. How do we go about this.
Sorry this is long.
I’ve attached a picture.

OP posts:

LiliesAndChocolate · 29/05/2019 22:39

Meanwhile, could you put flowers pots, gardening tools, a trampoline, whatever to block access?

Original poster

Tohaveandtohold · 29/05/2019 22:50

She’s obviously lying, she knows exactly what she’s doing. I guess she just wanted a extra space in front of her house (where she should have been using as access). The fence does not look good either and she’ll be the only one on the street with a fence and its just next to the pedestrian lane.

OP posts:

wowfudge · 29/05/2019 22:53

Put a row of large, white painted stones across. She thinks, because you haven't said anything in the time you've lived there, that you don't mind her driving across your drive.

Grainedmonkey · 29/05/2019 22:54

Raising your boundary seems the right way to go.I'd be furious!

iknowimcoming · 29/05/2019 22:56

Definitely stop her using your driveway access ASAP as there is some law 'right of easement' maybe which means that if someone can prove theyve been using it for a certain time frame they can't be denied it, but it would have to be longer than a few weeks imo. Even so stop her now before it goes any further! Good luck

TrixieFranklin · 29/05/2019 23:04

Penguin Bollards OP

Recavanometer · 29/05/2019 23:06

Oh yes penguin bollards! Sorted!

BreakfastAtSquiffanys · 29/05/2019 23:23

I'm surprised you waited until she started fencing in her garden to speak to her.
I would have asked /told her to stop using my drive well before now

BruceAndNosh · 29/05/2019 23:24

We need a photo of the boundary she's driving over!

Rhica · 29/05/2019 23:35

Ah well done op a nice diplomatic approach! Def raise boundary or place some large plant pots to reinstate the border. Just to prevent any future "confusion"

Weenurse · 30/05/2019 09:40

🌳🌳🌳 would plants or a hedge fit in?

Fumitory · 30/05/2019 09:48

cheaper to bung some planters along your boundary

Noloudnoises · 30/05/2019 09:53

Totally the right thing to do on your part. Right of way is a huge deal and she is just assuming right of way over your land.

You're right to raise it but yes, don't make a fight of it. Just point out that she needs to access her own drive from the road not over yours. Then if she carries on building the fence, do as you said and raise the bricks or do the planters as suggested above.

Noloudnoises · 30/05/2019 09:55

'Informal' Right of way access will have huge implications down the line should there every be a dispute or certainly if you want to sell.

RestingBitchFaced · 30/05/2019 10:34

Why are you waiting to see what she does next? Just tell her she can't use your driveway, and you will be blocking it off

64632K · 30/05/2019 10:53

I would not wait, this could get very out of hand. The shared access driveway to enter the properties is for you and your other two neighbours, not the one who is building the fence. By building the fence, she is voluntarily restricting access to her own property, she probably knows this but reckons she can get away with it because you have been polite enough to allow her access thus far.
We have a boundary dispute because of our idiotic neighbours deciding to build an extension on the boundary line which seriously restricted access to the rear of their property via a shared walkway, now the cheek of them they have opened a gate in their wall and are using our garden as their right of way in to their garden, this dispute has been going on for 5 years!

HundredMilesAnHour · 30/05/2019 11:17

I would not wait, this could get very out of hand.

This.

You need to deal with her asap. Make your position very clear. Stick to it. Go down the legal route if necessary.

You should never have allowed her to use your shared driveway. From your diagram it looks like she drives right in front of your house? I would block the access off with a wall or fence asap. And tell her what you plan to do.

Your DH is being a wimp wanting to avid confrontation. Both of avoiding this is what's got you into this mess. Now you need to be assertive and sort this out quickly or you risk losing out long term. You cannot allow her to acquire access rights by being a CF. I find it hard to believe that you never said anything when she started building a fence. People like this will continue to take advantage until you stand up for yourselves.

Myimaginarycathasfleas · 30/05/2019 12:14

@Fumitory those trellis planters look ideal! Where did they come from if you don't mind me asking?

StarJumpsandaHalf · 30/05/2019 12:28

She cannot do this without permission from the other two owners. Honestly how hard is it to understand. 🤣🤣🤣

OP what do your deeds specify about the boundary between your property and the CF neighbour’s?

Just because the drive and parking is shared space doesn’t mean the boundaries are

Fumitory · 30/05/2019 12:35

@Myimaginarycathasfleas

thse were from ebay but if you google trellis planters it brings up loads

orangeshoebox · 30/05/2019 15:57

and put a couple of pavement stones into the trellis planters so that they can't be easily moved the wind doesn't blow them down.

OnTheEdgeOfTheNight · 31/05/2019 18:37

Was more work done to the new fence today?

BubblesBuddy · 31/05/2019 18:50

Driving a car over a drive you do not own a share of is usually a no. Never mind what boundaries say. It is an access issue, not a boundary issue. If she establishes this right of access over 20 years, she has the access.

You must speak to your neighbours so they can contact their letting agent or landlord. This is vital. If I owned one of the houses in your block, I would be furious no one had told me because I could lose a lot of money. I think you could easily put stones in the way before this goes any further. A solicitiors letter if she continues to use the drive.

If all three of the houses maintain the drive, you do need to know who the other owners are!

wowfudge · 31/05/2019 19:44

If you owned one of the houses you should be carrying out regular inspections and speaking to your tenants and their neighbours to be sure there were no issues.

giddyyup · 01/06/2019 08:31

It baffles me how ignorant people can be! I hope she's stopped putting up the fence OP.

Flip

1 2 3 4 5