Shared access allyway

[Donnaj]

Hi. Newbie here. I was wondering if anyone could give me some advice? My parents moved into a house just under a year ago, between the two houses is a shared ally way. When my parents viewed the house online and in person there was no fence running down the side of the ally on my parents side (between there front door and ally door) I must state the ally is completely clear and there is no obstruction and they can use it whenever they like, no one is stopping them. Once the neighbours knew the house was sold they put gone fence running from the gate halfway down the drive. The wife did state that my parents could take the fence down, so they did, as they have had a new driveway done. Ok so the neighbour is back from working away and has decided to be an awkward person and has asked for the fence to go back up, starting from the gate running down to the pavement. My parents have never ever stopped them from using the ally and know it's shared. There's nothing stopping them. Tonight he has asked when the fence will be going back up and if not he will be contacting he's solicitor!! Sorry for the long post, I haven't got the brains to advise my parents and they certainly don't have the money to get there own solicitor envolved. Our deeds don't say very much. Thanks donna

[Donnaj]

Picture added of my mum's house with silver car on the drive. There wanting a gate from my mum's side of the gate to the pavement.

[MIKE770]

address showing

[des8]

Who actually owns the alley way? your parents, the neighbours or is the division down the middle with both parties having access to the full width.
If the neighbours want a fence they are perfectly entitled to erect one on their own land.
Unless there is something to the contrary in the deeds they cannot force your parents to put a fence up on their own ground.

[MIKE770]

probably Joint & Several?

[Donnaj]

Hi. I didn't realise the address was on the pic (not the correct door no)

as far as we know my parents nor the neighbours own it. Both have to give access. Even with two cars on there drive the neighbours can still enter and exit the ally freely, there's no obstruction.

[des8]

Someone must own it... what does land registry or the conveyance say about it.
The solicitor who handled the conveyance might be able to help.

My parents used to own a similar style of property, and the ownership line was down the centre, but both parties had access across the width of the alley right down to the road. If either party wanted they could erect fencing on their own ground, but it would have to leave the alley way and front access completely clear.
I would not be surprised if similar applied here,
So if the neighbour wants a fence, he can put it on his own land.

Was the fence (which has been removed) on your parent's land?
Do you know who erected it?
How was it disposed off?

[Donnaj]

When we viewed the property there was no fence. Apparently he didn't know what sort of people was going to buy the property so he put up a fence. My parents asked if they could remove the fence as there having a new driveway. The wife said it was totally fine to remove and we offered them the fence back, she said they didn't want it. All has been fine until the husband returned from working away. He now wants a fence back up, meaning drilling in to the new driveway. The wife was happy to say hi have a friendly conversations like neighbours do, but now the husband is home she will not say hello just hides inside (I think hes quite controlling). I will ask my parents about the conveyance and land registry. I'm not sure if they have the full one as there still paying the mortgage. The basic one they do have doesn't say much. I have advised my mum to call the solicitor who dealt with the move for advise.

[des8]

No matter what, he can't force them to put a fence up on their own land.
If he wants a fence tell him to put in his own garden.

[Donnaj]

My thoughts exactly. My parents even put new fences up in the garden that there also benefiting from. Very very odd man! Maybe we could say there fence at the front we're there trees are, are obstructing us from getting things up the ally, but my parentsaint childish. So so frustrating when one neighbour wants to be completely awkward and petty over nothing. Thank you for your help. I'll update once I know more.