DAVE O Posted March 19, 2009 Posted March 19, 2009 My father is in dispute over a boundry with a neighbour - instigated by her. Anybody out there have any knowledge re this - Basically between our conservatory and her garage at the moment is an 'alley' for want of a better description 16" wide until recently blocked off with trellis to prevent any unwanted 3rd party access. Her painter took this down and broke it so it couldn't go back up. My father has re-blocked the gap with a fixed panel fence to secure it. This is fixed from our side wall and butts up to her garage but doesn't afix. This has prompted a solicitors letter form her stating she wants access to the side of her garage and wants a hinged gate with key access. The trouble is the gap between the garage and conservatory is 50/50 owned but only leads out onto our rear garden. So in effect she wants key access to our land at any time. I've told my old man to errect a fence straight down the middle which would give her 8" access and would secure down the side of the conservatory and garden. Anybody know where we stand legally. Thanks in advance Dave O. Quote
Mark (smokey mow) Posted March 19, 2009 Posted March 19, 2009 If the gap between the properties is shared ownership 50/50 then I would suggest there is a fair argument from her that she should be allowed access to land to which she has part ownership. If security of the garden is concern would it not be possible to site the gate and fence wholy on your land at the end of the access which would then allow access for both parties along the shared alley but restricting access beyond this into your garden? Quote
Bananaman Posted March 19, 2009 Posted March 19, 2009 If the gap between the properties is shared ownership 50/50 then I would suggest there is a fair argument from her that she should be allowed access to land to which she has part ownership. If security of the garden is concern would it not be possible to site the gate and fence wholy on your land at the end of the access which would then allow access for both parties along the shared alley but restricting access beyond this into your garden? is what i'd do, no point falling out with the neighbour! maybe put gate at front to to discourage access. Quote
DAVE O Posted March 19, 2009 Author Posted March 19, 2009 It was fenced off with the trellis for over 20 yrs with no issue. It would appear that she is loosing her marbles - she's never been refused access and only appears to want to be able to see down the gap - she's 85yrs old !! but can be a right pain in the ar*e. It wouldn't be a problem with anybody else... I think a panel fence straight down the middle as per the deeds will do the trick this would give her about 8" of access the length of her garage. How do neighbours go on where the garage is up to the boundary? Do they only get access from their roof or are they entitled to access your land to maintain etc... Ta Dave O. Quote
Mark (smokey mow) Posted March 19, 2009 Posted March 19, 2009 QUOTE How do neighbours go on where the garage is up to the boundary? Do they only get access from their roof or are they entitled to access your land to maintain etc... Under the party wall act you are legally entitled to access onto your neighbours land (by prior arrangement) for the carrying out of maintenance or repair on your own house. Further reading here Quote
DAVE O Posted March 19, 2009 Author Posted March 19, 2009 How do neighbours go on where the garage is up to the boundary? Do they only get access from their roof or are they entitled to access your land to maintain etc... Under the party wall act you are legally entitled to access onto your neighbours land (by prior arrangement) for the carrying out of maintenance or repair on your own house. Further reading here Thanks will have a read up - looks helpful Quote
Mark Stanton Posted March 19, 2009 Posted March 19, 2009 If its a legally shared access you can't put up a new fence line at a mid-point you would then be denying the neighbours right of access, shared access doesn't mean you each own 50% it means you each have right of way as she's 85 she won't be around much longer is it worth getting wound up about simply put a gate at the top and give her a key and then fence / gate off your fathers garden - so no-one can obtain access to that area Garages on boundary yes you can have right of access for maintenance - same goes for fences Very difficult but perhaps "make a friend" and offer to put up some plants etc etc and make everything tidy once she's popped he clogs quickly whack up some new fencing before anyone notices Quote
scubajess Posted March 19, 2009 Posted March 19, 2009 Very difficult but perhaps "make a friend" and offer to put up some plants etc etc and make everything tidy once she's popped he clogs quickly whack up some new fencing before anyone notices Now that's about as subtle as a smack in the gob! Quote
peterg Posted March 19, 2009 Posted March 19, 2009 QUOTE simply put a gate at the top and give her a key and then fence / gate off your fathers garden - so no-one can obtain access to that area some very sensible advice from the Chairmeister there Quote
Mark (smokey mow) Posted March 19, 2009 Posted March 19, 2009 once she's popped he clogs quickly whack up some new fencing before anyone notices Great advice there Mr S Quote
Mark Stanton Posted March 19, 2009 Posted March 19, 2009 and many happy returns of the day to yourself Mark Quote
perksy Posted March 19, 2009 Posted March 19, 2009 once she's popped he clogs quickly whack up some new fencing before anyone notices <!--emo& Great advice there Mr S Indeed Nice one Mark Quote
sailing Posted March 19, 2009 Posted March 19, 2009 Rather than fall out over this why not put up at gate with a lock. All it means is you have access and so does she for maintenance. If the boot was on the other foot , you would like to keep your right of access and would be concerned like her that the alleyway by default would become her sole preserve. These disputes normally end up becoming costly, and nobody wins. Speak to her, say a gate was a good idea, buy her a bottle of wine and get on with your life. It's to short as it is. Your Dad may even get to like her or at least keep the peace.? Tony Quote
Mark Stanton Posted March 19, 2009 Posted March 19, 2009 Yes you are .............. however ............ is it really worth that kind of expense - the only winners will be the legals that settle the dispute and you'll end up with one old narky old neighbour who will probably win the sympathy vote Can you approach her and perhaps put out some string lines to demonstrate how you will be putting up some shiny new fencing to help her etc etc etc plants and all that She's sent a solicitors letter which has probably pee'd you all off, but perhaps that needs to be "filed away" She's 85 its a no win situation - just make it flexible enough so it can quickly be moved once she moves or ceases to move and ................ if it's any help its very similar to a situation that chez stanton had with a neighbour - stanton towers now has a good 2 or 3 feet of extra garden all down one side and the new neighbours son actually helped put up the new fencing how good is that Quote
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