Any laws/restriction when erecting a driveway fence ?

Re: Any laws/restriction when erecting a driveway fence ?

Postby ElmerFudd » Thu May 25, 2017 11:48 am

In the meantime, before a fence is erected, can anything be done from a legal point to stop the neighbours from constantly walking up and down my driveway to get in and out of their cars when parked on their own drive ?.

At present, I've parked my car over to one side, away from my neighbours drive to prevent my car from being damaged by opening doors but now an old landrover has parked so close to the boundary between both driveways, that the only way the driver and rear passengers can get in and out, is by opening the doors over my driveway and stepping directly onto my driveway, this Landrover, which is there often, is parked in such a manner, there is maybe a gap of 2ft or less between my car and the Landrover, If my car was parked in the middle of my driveway, as it should be and normally is, I would have to squeeze in and out of my car.

Any ideas anyone ?
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Re: Any laws/restriction when erecting a driveway fence ?

Postby Collaborate » Thu May 25, 2017 12:36 pm

Don't sweat the small stuff. Let them get out on to your drive while they still can. They'll soon not be able to.

Although sorry to break the news to you - unless they've been parking over the boundary you'll have even less room to open your car door after you erect the fence.
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Re: Any laws/restriction when erecting a driveway fence ?

Postby MacadamB53 » Thu May 25, 2017 12:38 pm

Hi ElmerFudd,

until the fence goes up your options are:

discuss until they understand
seek an injunction
erect a temporary barrier
allow the trespass

in your shoes I'd just suck it up if you'll have a fence in a few weeks, any longer and I'd be tempted to hire a couple of temporary barriers - e.g. Herras.

Kind regards, Mac
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Re: Any laws/restriction when erecting a driveway fence ?

Postby ElmerFudd » Thu May 25, 2017 1:56 pm

Once a fence goes up, even if affixed solely on my drive, I'll have enough room to get in and out of my car but without the added worry my car will get damaged by opening doors.

When my car is in the middle of my drive I can get in and out of my car without ever crossing onto my neighbours drive, I don't need to stand on my neighbours drive, ever.

My neighbour have even taken to driving across my drive when my car is parked on it.

Whilst I'm at home, it's a different car every other day with different occupants, sometimes different cars two to three times per day and everyone walks up and down and congregate on my drive as if it's the pavement.

My neighbour have even placed objects, ladders, tables and chairs on my drive when cleaning out their garage, all around my car and on my driveway but not on their own drive.

Discussing it with neighbours has gone its course, I'm either totally ignored or threatened with violence

Its been occurring for at least three years since the neighbours moved in and is occurring more and more, it was never an issue with the previous neighbours.

My most recent reply from the Housing Association said they will look into erecting a fence, so I'm awaiting on the outcome of that first.

Problem with a temporary fence or barrier is it being pushed over and onto my car.


Could I genuinely get an injuction to stop neighbours, their family, friends and visitors from waking up and down and crossing my drive to get in and out of their cars ?
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Re: Any laws/restriction when erecting a driveway fence ?

Postby ElmerFudd » Fri May 26, 2017 12:00 am

Any opinions on the injunction route ?
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Re: Any laws/restriction when erecting a driveway fence ?

Postby Collaborate » Fri May 26, 2017 12:03 am

Why on earth would you bother with an injunction when it's far simpler to fence it off?
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Re: Any laws/restriction when erecting a driveway fence ?

Postby ElmerFudd » Fri May 26, 2017 1:10 am

Collaborate wrote:Why on earth would you bother with an injunction when it's far simpler to fence it off?

Because a legal dispute such as this is all new to me and regardless of what happens in the future a fence is most definately being erected between both driveways.

Currently, I'm awaiting on a response from my neighbours Housing Association to see what they propose, it was the Housing Associations suggestion to erect a fence, I'd much prefer the Housing Association to erect the fence than myself, although if the initial instigation of an injunction or letter from a Solicitor will make a difference, then maybe the threat of an injunction, if realistically possible, could be used as a bargaining tool.

Although, I've been experiencing issues over the drive for roughly 3 years, it's only within the last 6 months thats its become a daily occurance.
Last edited by ElmerFudd on Fri May 26, 2017 1:12 am, edited 2 times in total.
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Re: Any laws/restriction when erecting a driveway fence ?

Postby MacadamB53 » Fri May 26, 2017 1:10 am

Collaborate wrote:Why on earth would you bother with an injunction when it's far simpler to fence it off?
simpler, quicker and cheaper
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Re: Any laws/restriction when erecting a driveway fence ?

Postby Collaborate » Fri May 26, 2017 6:03 am

ElmerFudd wrote: if the initial instigation of an injunction or letter from a Solicitor will make a difference, then maybe the threat of an injunction, if realistically possible, could be used as a bargaining tool.



Never, ever, threaten to do something that either you have no intention of doing, or it's patently obvious you'd have to be certifiably insane to do. You'll never have any future threats taken seriously.
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Re: Any laws/restriction when erecting a driveway fence ?

Postby mr sheen » Fri May 26, 2017 6:58 am

Got to contribute to this to re-iterate Collaborate's comment above.
Empty threats make the threat-maker look weak and ridiculous and often get the response....'go ahead mate!'

It may be irrelevant that other drives are fenced between them since you mention that yours is the only one that is a solid piece of concrete between the 2 properties. This scenario often leads to the development of easements where both sides step on the other side, so threatening an injunction may be counterproductive because if you force this to court you may lose.

Another complication may exist if the properties are ex-LA. Is this the case?

Your options are .....fence or don't fence .....yourself.

You cannot pressurise someone else, even a HA, to put up a fence.

Whilst the HA seem to be considering the request amicably, in reality they may have their legal team on the matter and you may be surprised at the response which may be legal in tone and talk about prescriptive easements having developed and original intention of having a single driveway between the 2 properties with no barrier....all of which would not be good for you.

So....put a fence up yourself ASAP ...or mull this over for.....months or more and keep fingers crossed that the HA may support you.....but don't rely on it!
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Re: Any laws/restriction when erecting a driveway fence ?

Postby despair » Fri May 26, 2017 8:27 am

would it not be possible to install a metal railings fence the posts would be a smaller diameter and maybe someone has the correct size of drill to make holes in the drive to slot and secure the posts in

maybe it would be worth getting a few quotes from a builder or fencer
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Re: Any laws/restriction when erecting a driveway fence ?

Postby ElmerFudd » Fri May 26, 2017 10:30 am

I'm not making empty threats..... in life there's lots of situations when people and organisations make threats to bluff a situation in their favour.

I don't know where I stand legally in regard to erecting this fence.

My original intention was, my drive, my property, build my fence on my drive, issue sorted, as I often read of situations where one neighbours has built a fence or whatever within the boundary of their property and there's nothing a neighbour can do.

I mentioned my intention to erect a fence to a different neighbour and he claimed some legislation about my neighbours being unable to open their car doors (due to a fence ) will stop the erecting of a fence or I'll be forced to remove it.

I turn to this forums for advice...... told I can put a fence up, neighbour can't stop me

Another forum member mentions an injunction, I request for more details and whether an injunction or the threat of one will make a difference...... as I often read of situations where a Solicitors letter is suggested and the threat and expense of legal action can sway a situation.

Now some forum members seem to be ridiculing my understanding of responses and suggesting yeah, you go ahead mate !..... what does that mean.... in fact, are you my neighbour !


My house was never a LA property and when I moved in, neither was the house next door.

There is not one piece of concrete between both properties, only my drive is made of concrete, its never been regarded as a shared drive and if and when vehicles are parked centrally on both drives, there is more than enough room to get in and out of cars without walking up and down each others drive....... in all the years I've lived here, I've never set foot on my neighbours drive.

My current neighbours parks cars right to the edge of my concrete drive and to get in out of cars, occupants step directly on my drive, as if my drive is the pavement

Originally, the property next door did not have a driveway directly next to my drive, but it was created before I moved in.

I only mentioned other properties having fences between driveways as it seems to be a consensus that another property have something erected or built on it, it normally means properties within the vicinity can do the same.

I have no intention of mulling my situation over any longer than necessary but just because I'm not in a position to be erecting a fence today, tomorrow or next weeks does not mean this is not a genuine enquiry.


Please, rather than personal opinion with no legal foundation, it would be of more benefit to receive responses from forum members who have actually experienced a similar situation, who are willing to share the legal expertise learnt from their own experience and understanding and also from forum members who do actually understand the finer points of property/boundary law
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Re: Any laws/restriction when erecting a driveway fence ?

Postby MacadamB53 » Fri May 26, 2017 11:07 am

Hi ElmerFudd,

you mentioned you might want/need to delay installing the fence and asked what options you have.

I listed your options, which includes seeking an injunction.

that does not mean it is a sensible option worth exploring and I would not entertain seeking an injunction - too time-consuming, expensive and stressful.

however, if you want to know more to sit down with a sols for a free half hour chat.

my suggestion: it would take quite some force to tip over a temporary barrier attached to concrete feet - can be hired by the week for a fraction of the cost of a court case.

Kind regards, Mac
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Re: Any laws/restriction when erecting a driveway fence ?

Postby ElmerFudd » Fri May 26, 2017 1:46 pm

Thanks Mac for your explanation

I honestly believed as long as fence was erected on my property, affixed to my concrete drive and under 6ft tall I needn't worry, that is, until the neighbour opposite offered his opinion.

Due to the threats of violence from the neighbours and their visitors and defiance of congregating on my drive and walking up and down it when I specifically asked them not to, I believe any temporary fence will be vindictively pushed over, even the type of fences erected around building sites with big concrete feet..... also a fence with the concrete feet would have to straddle both driveways to be effective...... bet my neighbours would complain then.

I am holding out for the Housing Association response, because if they decide to erect a fence, it would be their contractors erecting it and my neighbours would probably have no choice but comply, but when erecting one myself, my neighbours could make it difficult

I also have the added difficulty of erecting an adequate one, of a sufficient height and durability (such as difficult to vindictively break) and then affix it securely into concrete, certainly don't want it being blown down onto my neighbours car during strong winds, they'll love that.

Although, I can visit a Solicitor for a free initial consultation, I do believe a Solicitor will only offer a definitive answer for a fee, therefore, I'd much prefer to gather as much free information as possible from like minded members of web forums such this and without the need of a Solicitor, unless absolutely necessary.
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Re: Any laws/restriction when erecting a driveway fence ?

Postby despair » Fri May 26, 2017 4:11 pm

have you also contacted your Local Councillor
because they can put more pressure and influence on Housing Associations than you can
i would also make the police well aware of the threatening behaviour from next door and the possible breach of the peace that could occur when a fence goes in
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