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Neighbour dispute fence/parking

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  • Neighbour dispute fence/parking

    Hi just looking for some advice.

    I have been at our current home for 14 years. The neighbours have been there around 4 years. The reason for this info is because they were aware of the below when they moved in.

    Our drive runs along the side of the house. It is a single drive way you can get 2 small cars on there at a push in a line. There is a small retaining wall that borders the two properties, the car door just opens above it. The wall is on my side. Due to how narrow the driveway is the car door swings over this wall and into the “airspace”(this is what they called it) of their property. What the neighbours have been doing is placing their household bins against this wall to correspond with the our car door. If we move up or down the drive they move the bins accordingly. We have to edge the bins out the way to get in our out the car.

    They have actually called the police (police actually attended our property over this) because we touched their bins to gain access to the car. Even though they put them in the way. They refused mediation.

    This opening of a car door into an adjacent driveway or front garden is not particular to my house on the estate.

    What they are going to do is build a fence against this wall rendering my drive way unusable.

    Could anyone provide any advise?

    Thank you.
    Tags: None

  • #2
    Can you not park the other way round.
    Technically they appear to be correct. You dot have a right to open a door into their airspace.

    Comment


    • #3
      The wall of the house is the other side. As I said other properties in the estate have the same issue as such in that they have to open their car doors into their neighbours airspace.

      Comment


      • #4
        Originally posted by Mumraa View Post
        The wall of the house is the other side. As I said other properties in the estate have the same issue as such in that they have to open their car doors into their neighbours airspace.
        D
        Do your neighbours open their doors onto your airspace?

        Comment


        • #5
          No it opens onto their path that leads to the rear of their property. Their drive is the other side. The house has a narrow drive way unfortunately. Hence the retainer wall being very low so the car doors open above it. As I said this situation is not particular to my property other houses have drive ways whereby their car doors would open onto a front garden, drive, path etc.

          Comment


          • #6
            Do the Land Registry title entries for your property include any rights of way?
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              Not sure but on the title deeds that section of the boundary is a dotted line rather than a solid black line. Does this mean it’s a party wall or is there some other reason? The property was built 20 years ago and as you may know newish builds use every bit of space. The estate only has around 130 houses on it and there have been no other fences put up by others that would restrict the use of their neighbours drive. As I have stated previously others have drives whereby a car door would swing into their boundary.

              Comment


              • #8
                Check the deeds. Get them checked properly. That is your only hope.
                That this happens on other drives means nothing unless there is something in the deeds.

                Comment

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