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Thread: Drive/Boundary Disputes

  1. #1
    Full Member Leemarksmith's Avatar
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    Default Drive/Boundary Disputes

    Probably have one up and coming soon after years of harmony so anyone any advice?...

    Anyway, we have a shared drive for access - says so on deeds. but then where the drive officially ends a paved area continues to the back wall and is paved for 1.5 car lenghths. so me and my current neighbour park one on the paved bit, one in front on the drive-ish and just let each other out when needed... with me so far.

    Anyway, neighbour put his house up for sale so i said i'd move his fence back a bit as the paved bit wasn't exactly 50/50 with drive, it came onto our side a 2 foot or so making it awkward with the fences and 2 child seats etc - and then it would be 50/50 - to which he said we should have done it years ago!

    I finally moved this on sat, and then the neighbour tells me today he's sold it to the nice Asian family the other side and the asian guys a bit pee'd i'd moved fence back. He has said that i can basically have the drive, but wants to come over the paved bit to get the meter garden back and build a big fence... Now this wouldn't be an issue but the actual drive between the house you cant open either side doors if parked on it so would be useless so would mean road parking again...

    I mentioned asain family as he owns now all 4 out of his back to back block and wants to turn his back garden into a car park for his families cars and will use the other side for access, couple of taxi's etc....


    Anyway as its been like this for years where would i stand, you think he's just a bit peeved over me just moving it or actually will do it...

    My actual neghbour has sold it but staying put 6 months free rent as a condition of the asain guy getting it for peanuts so may just blow over and continue as normal as he will want to use drive till he goes... He's a nice guy usually, always says hello etc and in his 60's so guessing he just wants a quiet life at end of it all too...

    Does this all make sense, feel like i've wrote nonsense...
    Last edited by Leemarksmith; 31st August 2011 at 00:49. Reason: Because if grammar and spelling was a paralympic event - I'd win Gold!!

  2. #2
    Regular Member 6009tristanb's Avatar
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    ask him if he wants to buy your house and move as hes going to make the back in to a big carpark how many is their carnt even begin to think of the noise their going to make if they need 4 houses

  3. #3
    Full Member Leemarksmith's Avatar
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    Ones empty, his two have been knocked through already, think this ones for his daughter... There's kids but never here a peep out of them of see them in garden... Probably because it's just a concrete carpark!

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    Moderator & Events Assistant paulhb's Avatar
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    Your neighbour who sold will have had sight of the land registry entry for their property or at least his solicitor will have. On that land registry entry which is a public document so you can see it to for a fee you will note the official and therefore legal boundaries to the property. If it matches the current boundary then you are fine otherwise it will have to return to the correct one.
    As for free use of the drive that is neither here nor there unless it is in the deeds for sole access the new neighbour can use it anytime he pleases and park vehicles himself if he wants, which could lead to problems if a dispute between you escalates.

  5. #5
    Regular Member Das's Avatar
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    Default

    As paul said, get a copy of your house with the land registry, you get a map showing you the boundaries of your properties, only thing is with a shared drive is it may not show actual measurements. If you've put the fence back to where it should be then I cant see where the problem is.

    but wants to come over the paved bit to get the meter garden back and build a big fence
    Is this meter of garden actually his, yours or shared?

  6. #6
    Full Member Leemarksmith's Avatar
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    Deeds wise it's his... I'll post a pic when get chance. But the drive is like 2 meter wide. The paved bit was 1.5 over to my side so I widened it to 2 meters sat... New neighbor basically says he's gonna fence his meter off which is I'd shaped so no use really and that he won't use the actual drive I can. But can't get the kids out on the access part of drive as it's too narrow making it useless

  7. #7
    Full Member Leemarksmith's Avatar
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    Mines the grass side to start...

    The actual boundary is down the muck/gravel centre... What i moved was the fence over on the left so its 2 flags either side rather then just one on his side, and both match the old fences running down the stairs line. i have no fence due to laying lawn, will put it back up but dint do it straight away as when drive was the 3 flags it was a pain with 2 baby seats. now its 4 flags its fine...

    New neighbour wants to extend to the muck, and the actual drive bottom of the pic is too thin due to the houses coming proud a foot each into the drive, so too thin to open the doors with children so would be useless.

    By way its been like this for 50 years!!


    Last edited by Leemarksmith; 31st August 2011 at 12:47.

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    Forum Moderator soulman's Avatar
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    well i,m afraid if the deeds say the boundry is where you said it is,then thats where the fence should be ..you havent got a leg to stand on ...

    The best bet is a friendly chat with the new owners and explain that is the only way for you to get the car off the road ..see what he says ..

  9. #9
    Regular Member Das's Avatar
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    Looks like your on a no win here, as it on the deeds. What about a compromise? You replace the fence up to the start line of the second slab and then modify your deck so you could get your car in, obviously you'd need to lift some of your grass, but it might be worth a thought.

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    VIP-Member happypostie's Avatar
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    i would say the same as Ian , also maybe as a sweeter help towards the cost off the fence on his side ,this may swing it ,as he is not going to use that small bit off land .we had a similar thing with next door ,( they still being council ) . or you could offer to buy the land off him ,bit more cost . khalid

    the vectra has gone , but not far away so ill still see it form time to time

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