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New poster - hoping to gather the collective wisdom of LB on this one.
We live near Manchester, UK. We own an access road leading to our property behind some other houses which has a vehicular and pedestrian ROW for lets call it, Property A
Property A used to park in the area shaded in pale blue, but it was very small for their car. A couple of years ago they built a garage on the other side of their property and moved their driveway (officially) and no longer park in the blue area. They erected a fence (red line) with a singular access gate. They turfed the area in blue and now use it as a football area for their kids, occasionally use the gate.
Unfortunately, Property A are very unreasonable and after a dispute about excess noise, they no longer talk to us and several other neighbours.
A few months back, Property A decided to (badly) paint both sides of the fence in multicoloured stripes, trust me when I say it looks like a set of nursery kids were let loose on it! Its visible to several of the houses they no longer speak to, and I think was done out of spite.
Now, as the landowner I want to cover Property A’s fence and erect my own fence with an access gate to mirror theirs. Am I allowed? The ROW obviously prohibits me from blocking their access, which we have never done. However, by erecting their own fence, they have effectively willingly blocked their own access and my putting a fence up therefore wouldn’t obstruct their ROW (obviously so long as I mirror their gate with an unlocked gate my side). They wouldn’t have access to maintain ‘our’ side of the fence anymore but the wording of the right of way does not make any reference to maintenance access, it just specifies that nobody is allowed to ‘park or otherwise block’ the access.
I understand if they ever took their fence down, I would need to take mine down. I am happy to do this and plan a system where it would be relatively simple to remove, if needed.
I know they will kick off when we start putting the fence up, so I want to make sure my thinking is sound on this one.
I have an attachment to post, but its not letting me. Do I need to contact Admin? ETA its let me post seperately
We live near Manchester, UK. We own an access road leading to our property behind some other houses which has a vehicular and pedestrian ROW for lets call it, Property A
Property A used to park in the area shaded in pale blue, but it was very small for their car. A couple of years ago they built a garage on the other side of their property and moved their driveway (officially) and no longer park in the blue area. They erected a fence (red line) with a singular access gate. They turfed the area in blue and now use it as a football area for their kids, occasionally use the gate.
Unfortunately, Property A are very unreasonable and after a dispute about excess noise, they no longer talk to us and several other neighbours.
A few months back, Property A decided to (badly) paint both sides of the fence in multicoloured stripes, trust me when I say it looks like a set of nursery kids were let loose on it! Its visible to several of the houses they no longer speak to, and I think was done out of spite.
Now, as the landowner I want to cover Property A’s fence and erect my own fence with an access gate to mirror theirs. Am I allowed? The ROW obviously prohibits me from blocking their access, which we have never done. However, by erecting their own fence, they have effectively willingly blocked their own access and my putting a fence up therefore wouldn’t obstruct their ROW (obviously so long as I mirror their gate with an unlocked gate my side). They wouldn’t have access to maintain ‘our’ side of the fence anymore but the wording of the right of way does not make any reference to maintenance access, it just specifies that nobody is allowed to ‘park or otherwise block’ the access.
I understand if they ever took their fence down, I would need to take mine down. I am happy to do this and plan a system where it would be relatively simple to remove, if needed.
I know they will kick off when we start putting the fence up, so I want to make sure my thinking is sound on this one.
I have an attachment to post, but its not letting me. Do I need to contact Admin? ETA its let me post seperately
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