Neighbors erected handrail / fence obstructing

Neighbors erected handrail / fence obstructing

Postby TomWoods » Sun Jun 11, 2017 2:58 pm

Hi all,

We live in a house with a shared driveway with next door. We have lived in the property for around 3 years now. when we originally moved in we were all friends but when i asked them to move a fence which I believed was encroaching onto my side of the property this is when things turned nasty.

Basically on our plans from the land registry it is marked with the words "Shared Vehicular & Pedestrian Access"
On there plans it says only "Shared Pedestrian access" It is also worded the same in the title.

The plans show the line straight down the middle of the 2 properties and I only presum this would line up with the pre-existing gate posts which are still in the ground from when the house was built.

My Plans also show an outer building (a garage) Where as there plans show nothing of the sort. They have recently erected a garage to which have I back on the original base which is shown on the plans

Came home from work today and they have errected a rail/fence all the way down between the 2 houses. (See picture ) This has been done completely maliciously.

I believe this to be on my side of the boundary Can i also prosecute for property damage ? I also have CCTV which shows the neighbor instructing the fence fitters where to place the fence.

The new fence is also stopping my vehicular access..

They claim that they own the full path where as surely the boundary would be set via the fence which was built when the house was built ? also the T is on my side which shows this is my boundary feature.

I read all other previous posts and the boundary guide lines and thanks for accepting me as a member of the forum. Any advice would be greatly appreciated and thankyou in taking the time to read this.
TomWoods
 
Posts: 10
Joined: Wed Jun 07, 2017 2:28 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Neighbors erected handrail / fence obstructing

Postby despair » Sun Jun 11, 2017 3:17 pm

if the path is shared then clearly your neighbours are bang out of order

you need to contact Land registry and get someone to go right back to original registration of the deeds to establish the truth

do you have legal expenses cover on mortgages ,insurances,credit cards,union memberships
because this could get nasty and expensive

it sounds like to me that someone somwhere has recorded things incorrectly
despair
 
Posts: 16044
Joined: Mon Mar 14, 2005 8:07 am

Re: Neighbors erected handrail / fence obstructing

Postby TomWoods » Sun Jun 11, 2017 4:00 pm

I do have Legal cover on my house insurance and im currently trying to go down that avenue to get the matter resolved .
If my house has always had a garage even shown on the plans (and their plans) would this be the reason why i have vehicular access and they dont ?
TomWoods
 
Posts: 10
Joined: Wed Jun 07, 2017 2:28 pm

Re: Neighbors erected handrail / fence obstructing

Postby despair » Sun Jun 11, 2017 5:25 pm

IMHO yes you will have aquired a prescriptive right to access your garage via a drive

such shared drives / pathways were never intended to be split by a fence

contact your insurers but be sure to also contact Land Registry for full history of how this whole debacle has occured
bevery very sure of all facts on the issue
despair
 
Posts: 16044
Joined: Mon Mar 14, 2005 8:07 am

Re: Neighbors erected handrail / fence obstructing

Postby arborlad » Sun Jun 11, 2017 5:49 pm

TomWoods wrote:My Plans also show an outer building (a garage) Where as there plans show nothing of the sort. They have recently erected a garage to which have I back on the original base which is shown on the plans




Can you mark on the plan where the two garages are, also where is the highway?

What is the dimension between the two houses?

When was the last time your garage was used as a garage?
arborlad

smile...it confuses people
arborlad
 
Posts: 7387
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Neighbors erected handrail / fence obstructing

Postby TomWoods » Sun Jun 11, 2017 7:23 pm

See attached image.

The dimentions are on the image.

Before i had the garage put up on the original base im unsure when it was last used as a garage.
May i add also the neighboring house never had a garage full stop . also the grass verge on the front of there house is in-line with the line of the house. where as mine is recessed a little (I noted this on the attachment)

Thanks!
TomWoods
 
Posts: 10
Joined: Wed Jun 07, 2017 2:28 pm

Re: Neighbors erected handrail / fence obstructing

Postby TomWoods » Sun Jun 11, 2017 8:32 pm

Attached is also a copy of the plan from my conveyance & also my neighbors. Mine was done May 1989 theres Feb 1990
TomWoods
 
Posts: 10
Joined: Wed Jun 07, 2017 2:28 pm

Re: Neighbors erected handrail / fence obstructing

Postby TomWoods » Sun Jun 11, 2017 8:34 pm

See also attached
TomWoods
 
Posts: 10
Joined: Wed Jun 07, 2017 2:28 pm

Re: Neighbors erected handrail / fence obstructing

Postby Collaborate » Sun Jun 11, 2017 9:23 pm

It depends on which property was bought from the council first. Do the LR deeds give a clue about that?
Collaborate
 
Posts: 1125
Joined: Mon Feb 23, 2015 10:17 am

Re: Neighbors erected handrail / fence obstructing

Postby TomWoods » Sun Jun 11, 2017 10:01 pm

I believe both were bought from the council at the time of conveyance above ? As they both mention a price and buyers name. So mine was purchased first in 1989 the neighbors 6 month after.
TomWoods
 
Posts: 10
Joined: Wed Jun 07, 2017 2:28 pm

Re: Neighbors erected handrail / fence obstructing

Postby Collaborate » Mon Jun 12, 2017 7:15 am

As the neighbour's property was owned by the council at the time yours was bought from the council it appears that you have non-specific rights over your neighbour's property. It seems to have been a lazy way of granting a ROW but there you go.

If your neighbour was to have any rights over your part of the land (from the plan it seems that the boundary is in the middle of the path) that right needs to have been reserved to the LA when they first sold the property to your predecessors. Assuming it was not, they have no right to cross the boundary, but you do. You can safely remove anything they have erected on your side of the boundary, and anything that substantially interferes with your right of vehicular access to your garage.
Collaborate
 
Posts: 1125
Joined: Mon Feb 23, 2015 10:17 am

Re: Neighbors erected handrail / fence obstructing

Postby mr sheen » Mon Jun 12, 2017 9:02 am

The OP says things like 'I believe.....'; we know these are ex-LA properties and there are only snippets of deeds shown here and assumptions are being made....
In view if the uncertainties, it's a risk to say that it is 'safe' to just remove someone else's property.
Before damaging property it is advisable to take legal advice from a professional who can review all the documents in detail. Damaging property is a criminal offence and take property damage at face value since the Police do not get involved in civil disputes and may not take into consideration the civil legal position and you may be arrested.
mr sheen
 
Posts: 2093
Joined: Fri Feb 27, 2009 3:33 pm

Re: Neighbors erected handrail / fence obstructing

Postby TomWoods » Mon Jun 12, 2017 9:14 am

The reason i am saying i Believe is because i didn't want to come across as an agressive smart arse. I understand where you are coming from the time has passed for me to "rip" it out i will be going down the legal route.
TomWoods
 
Posts: 10
Joined: Wed Jun 07, 2017 2:28 pm

Re: Neighbors erected handrail / fence obstructing

Postby arborlad » Mon Jun 12, 2017 9:51 am

Is there a dropped kerb where it meets the road?...........what is the surface of the path and the land either side of it, is it suitable for driving over?

Gate posts are mentioned, are there any gates?

The green fence was in position when you purchased, the blue fence is the recent addition - is that correct?
arborlad

smile...it confuses people
arborlad
 
Posts: 7387
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Neighbors erected handrail / fence obstructing

Postby TomWoods » Mon Jun 12, 2017 11:10 am

Yes the full thing is dropped and the path is tarmaced more than suitable

The original fence is an L shape with a small gate/door built into it . The new fence is a Hand rail.

Thats correct the green was there when i bought the property , although this is still enroaching on what i think to be my property.
TomWoods
 
Posts: 10
Joined: Wed Jun 07, 2017 2:28 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Next

Return to Boundaries

Who is online

Users browsing this forum: No registered users and 2 guests