Fence on driveway

Fence on driveway

Postby mrsrec » Thu Apr 09, 2015 1:28 pm

I we currently have a drive way 2 cars deep to the right of our property with a boundary line for next doors property for access to their garden via a gate. If we want to move the fence up to give more garden space do we need permission to do so? We want to put our shed on it but still have the shed inside the garden hence wanting to fence around it.

I'll submit a picture after my third post :)

Thanks in advance for your help .
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Re: Fence on driveway

Postby mrsrec » Thu Apr 09, 2015 1:29 pm

2nd post
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Re: Fence on driveway

Postby mrsrec » Thu Apr 09, 2015 1:29 pm

Pics to follow
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Re: Fence on driveway

Postby mrsrec » Thu Apr 09, 2015 1:35 pm

Ok so it won't let me up load pictures! The board attachment quota had been reached?
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Re: Fence on driveway

Postby Collaborate » Thu Apr 09, 2015 2:41 pm

Let's see if I have this right.

Next door can enter their garden from your driveway. Is that correct? You want to fence in your driveway. Would that prevent them from accessing their garden (other than through their own house)?

Is it all open plan at the moment, or is there a gate from which they exit their garden on to your driveway?

What do your deeds say about the rights that your neighbours have over your drive? How long have they been enjoying access to their garden in this way?
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Re: Fence on driveway

Postby COGGY » Thu Apr 09, 2015 3:14 pm

Hi

You need to load your photos onto another site and post the link. I have not done it but reading other posts will help you if you have difficulty.

Kind regards
Coggy
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Re: Fence on driveway

Postby mrsrec » Thu Apr 09, 2015 3:55 pm

Image
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Re: Fence on driveway

Postby mrsrec » Thu Apr 09, 2015 3:56 pm

Hope you can see image. They get into their garden from the gate at bottom of the drive - we are plot 204
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Re: Fence on driveway

Postby MacadamB53 » Thu Apr 09, 2015 5:35 pm

Hi mrsrec,

does plot 203 have a legal interest over any part of your land? (ie. do they have a ROW over your driveway?)

Kind regards, Mac
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Re: Fence on driveway

Postby Collaborate » Thu Apr 09, 2015 6:41 pm

Does the red line denote the boundary? What does the title plan look like (the Land Registry plan)? If it's the boundary, they don't need to pass over your land to get to their back garden.
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Re: Fence on driveway

Postby mrsrec » Thu Apr 09, 2015 8:18 pm

I will double check but I don't belive they do have ROW as they don't need o cross our property to get to the gate. We have shared access on the entry to the drive (which they park a car on grrrr) but the red line is our boundary which is where I'd like the fence, only as far down as the back of the house just to add the corner to the garden.
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Re: Fence on driveway

Postby mrsrec » Thu Apr 09, 2015 8:18 pm

Thank you for all your responses so far :)
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Re: Fence on driveway

Postby MacadamB53 » Thu Apr 09, 2015 8:50 pm

Hi mrsrec,

We have shared access on the entry to the drive

what do you mean?

Kind regards, Mac
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Re: Fence on driveway

Postby mrsrec » Thu Apr 09, 2015 9:00 pm

Hi. If you see on the picture the shaded area is access to app our individual parking spacesuits is to the right of our house where we want the fence, and theirs is in front of the garages.
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Re: Fence on driveway

Postby ukmicky » Thu Apr 09, 2015 9:35 pm

Going by the plan they own a small strip of the drive, is there anything on the ground which can be used to show where the boundary actually is.

You can't just use your judgement based on where the line is on the plan. For example the line on my title plan shows the boundary is midway between me an my neighbour but I reality I have 3 5ths which allows me to drive to my garage but my neighbour only has 2 5ths and can't drive along his side.

Is there anything on yours or there deeds mentioning easement rights, if so what does it say.

How old are the houses

How much of your land have they historically been using to get onto their land.

Are there any covenants saying you cant put a fence there.
Advice given is not legally qualified and you are advised to gain a professional opinion
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