Neighbour Wishing to Build Wall Along Boundary Issues

Neighbour Wishing to Build Wall Along Boundary Issues

Postby BJK2184 » Tue Feb 23, 2016 10:07 am

Hi All

This is my first post on here - looking for preliminary advice before I consult a solicitor as I know they can be quite costly!

My neighbour has told me that he is going to build a wall along his boundary line in between our driveways. If built, this wall will mean that i will no longer be able to access my driveway by vehicle as the access point will be too narrow.

He is going by the boundary line on title deeds which I believe isn't always the up to date boundary?

The situation is that previously our neighbour and us had a single point to access both drives and I believe this was the case for 15-20 years (we have lived here for 6 yrs). When our current neighbours brought the house, they immediately knocked down the brick wall that ran across the front of their house so they could then drive straight onto their own driveway. If you run an imaginary line from the edge of his side extension down the driveway then it does run halfway across our access point but surely you cannot block someone's access especially given the previous arrangements of both using the same access point?

My register of title states that:

"Right for purchaser and his successors in title and assigns and all persons authorised by him or them in common with vendors and their successors in title and all other persons have the like right for all purposes to pass and repass over and along the roadway and footpaths of (Name of Road) aforesaid."

Does this mean that I have a Private Right of Way to access my drive on foot/by car (all purposes) and that this statement means that my neighbour will not be able to block my access by building said wall along his boundary line? If it does mean that, then will I need to involve a solicitor or just make my neighbour aware of this easement (is it an easement?)?

Thanks for your help in advance.
BJK2184
 
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby MacadamB53 » Tue Feb 23, 2016 10:12 am

Hi BJK,

the wording you've posted does not read like it refers to the land between your houses - my hunch is you live in what was a private estate?

do you have a garage in the back?

Kind regards, Mac
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby BJK2184 » Tue Feb 23, 2016 10:27 am

Hi - thanks for the reply

We live on a cul-de-sac. Neither of us have a garage, but there are a block of garages behind our houses (but nothing to do with us)

I thought having the right to pass & repass over the footpaths of my road for all purposes meant I had a right of way?

The only land that was between our properties were two side alleys to access our back gardens. Ours is still there, but next door used that space for a side extension.

Regards

BJK
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby MacadamB53 » Tue Feb 23, 2016 11:06 am

Hi BJK,

the wording does not mean you can drive on your neighbour's land.

when the cul-de-sac was built the developer owned all the land, including the road and footpaths.

in order to sell off each house he granted the buyers a right of way over the road and footpaths.

is the cul-de-sac still private?

Kind regards, Mac
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby BJK2184 » Tue Feb 23, 2016 11:29 am

Hi

Let me see if i can post some images.

Not sure what you mean by private, but it is a fully residential area (32 houses) and every house has vehicular access to their driveways.

Thanks

B
BJK2184
 
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby BJK2184 » Tue Feb 23, 2016 11:30 am

Two images - the close up one shows my property (outlined in RED) and my neighbours which is directly below it as you look at the image. The other shows the whole cul-de-sac

http://imageshack.com/a/img923/406/CAYn5S.png
http://imageshack.com/a/img924/4696/ekJCwc.png
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby Eliza » Tue Feb 23, 2016 1:17 pm

Am I reading those two plans correctly then?

I am reading them as meaning the access to your plot is the "triangle point" nearest to that roundabout in the road and that currently you are driving across your neighbours front garden to get into your front garden?
Apologies for not giving exact personal details in my posts - you never know who is reading....
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby BJK2184 » Tue Feb 23, 2016 2:19 pm

Hi Eliza

It's not a roundabout, it's just a curve at end of road.

If the boundary line is correct then yes to drive onto our driveway we are using Approx 2 foot of their land to access it.

The drive is quite long so when our car is parked it is fully on Our land.

When rhe brick wall was in front of my neighbours drive they would have to drive on our land to access their drive which we never had an issue with and what's frustrating us.
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby BJK2184 » Tue Feb 23, 2016 2:24 pm

I guess I'm looking to seek clarification on the wording in my title register that says we can pass and repass over the footpath for all purposes.

I'm clearly not up to speed with property law but I read that as saying we have a right to access our property for all purposes - on foot, in vehicle etc.

This I'm hoping would mean the neighbour could not build this wall as if he does we will have a 30ft driveway that we cannot use...
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby MacadamB53 » Tue Feb 23, 2016 2:38 pm

Hi BJK,

you're confusing two separate issues...

the wording does indeed grant you the right to travel from the road over the footpath to your property either on foot or by vehicle.

that does not mean, however, that your neighbour can't build a wall on his property - you have no rights over it.

if you want enjoy the rihht to drive onto your land you're going to have to make a wide enough access point on your own frontage.

Kind regards, Mac
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby BJK2184 » Tue Feb 23, 2016 2:43 pm

Ok thanks.

Re: making the access point wider - that's impossible to do as our other neighbours drive is immediately to the other side.

Looks like we are resigned to not being able to use our drive then unless anyone knows any steps I could maybe take?

Am I able to get an injunction on the wall not being built as unrestricted access has been enjoyed for 15-20 years, if not more...?
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby COGGY » Tue Feb 23, 2016 3:01 pm

Hi
If I understand correctly you have a house which you are unable to access by car without trespassing on your neighbour's land. If this is correct then your solicitor should have sorted this out when you purchased. Having the right to cross the footpath does not give the right to cross your neighbour's property. Have you looked at his deeds to see if this right has been reserved for you?
Coggy
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby BJK2184 » Tue Feb 23, 2016 3:05 pm

I checked his deeds at land registry and it doesn't deserve the right.

However for the last 20-odd years (most prob longer) there was a brick wall in front of neighbours drive and so whoever lived there had to drive onto our land to access their drive and there was nothing in our deeds supporting that

This has only arisen since the new neighbour knocked down the wall at the front meaning he can park directly on his drive now.

(Funnily enough there is another issue with that. There used to be a grass verbs in front of the wall which he is now saying he owns but he can't produce any paperwork to say he has brought this land that was maintained by the local council)
BJK2184
 
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby BJK2184 » Tue Feb 23, 2016 3:15 pm

Forgive my ignorance here, but do the Deeds and Title Register hold the same information / is it the same document essentially?

Everything I am quoting is from my Title Register (Land Registry)

Will my Deeds (if different) tell me anything different about this situation? If so do I obtain a copy of these from my mortgage lender?
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby MacadamB53 » Tue Feb 23, 2016 3:29 pm

Hi BJK,

Am I able to get an injunction on the wall not being built as unrestricted access has been enjoyed for 15-20 years, if not more...?

yes you can, but this MUST be as part of a full court case where you will need to prove you have enjoyed user for over 20 years without permission, without force and without secrecy - the first of the three being a potential Achilles heel.

such a case will involve both parties spending a considerable sum.

costs are typically awarded to the victor - so if he spends a fortune defending the case and you lose you pay his sols bill as well as your own.

if you've only been there six years you're going to need to involve previous owners from both sides to substantiate your claim - all of whom must make no mention of it being by agreement.

how wide is your frontage?

Kind regards, Mac
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