Neighbour built wall between driveways - creating hazard

Neighbour built wall between driveways - creating hazard

Postby TEARDOWNWALL » Tue Aug 01, 2017 12:15 am

Hi

Apologies if this is the wrong forum but not 100% sure

Our neighbour recently built a wall between our two driveways however it was on their side of the boundary so that is legally fine

Previously, there was a wall but it was not all the way to the end of the driveway and then the next neighbour knocked it down as it was a pain for everyone

But, they built the wall right to the end of the driveway, as such when we try turn our car in it cannot fit due to a raised curb and the wall impedes the turning circle of the car

Additionally, the road is quite fast and there is an island not too far from the driveway

As the car was unable to turn in this created a build up of traffic (the photos are around 11am on a typical weekday) - not even rush hour. As such, this is creating a safety hazard as well

There is a possibility the council may allow the curb to be amended but this is unlikely

Subsequently, what is the best form of recourse to try and get the wall shortened?

The neighbour did not consult prior to construction and did not listen to our point of view

Please see for photos


Thank you for your help.
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Re: Neighbour built wall between driveways - creating hazard

Postby ukmicky » Tue Aug 01, 2017 1:09 am

Not much help I'm afraid because there is nothing you can do as they are entitled to build a wall right up to the highway.


Its also not a hazard but if it were the most obvious solution to reduce its impact would be enter from the other direction.


Driving in also means your reversing out onto the highway which is a hazard if you read the highway code. As I said its not illegal and the highway code is not the law but the guidance it does provide is best driving etiquette.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Neighbour built wall between driveways - creating hazard

Postby despair » Tue Aug 01, 2017 3:07 am

surely the neighbour also has hassle getting into their drive
the vision splay is simply not wide enough
utter madness
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Re: Neighbour built wall between driveways - creating hazard

Postby mugwump » Tue Aug 01, 2017 6:48 am

Vision splay is fine. A 2ft wall does not affect your sightline
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Re: Neighbour built wall between driveways - creating hazard

Postby mugwump » Tue Aug 01, 2017 6:50 am

You just need to adopt what artics and tractors with trailers do, swing out slightly to the right into the hatched area before turning in.

Your neighbour to the right has a similar width to work with, ask them how they do it.
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Re: Neighbour built wall between driveways - creating hazard

Postby Collaborate » Tue Aug 01, 2017 7:15 am

I don't really see what point the photos make. From the final photo there seems nothing to stop the Merc swinging in to the drive. Nothing at all. My drive opening is far narrower than that and I don't have a problem getting in or out either forward or reverse.

Nothing is a hazard here. The incredibly minor build up of traffic is caused by whoever is too nervous trying to swing on to the drive.
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Re: Neighbour built wall between driveways - creating hazard

Postby arborlad » Tue Aug 01, 2017 9:12 am

mugwump wrote:You just need to adopt what artics and tractors with trailers do, swing out slightly to the right into the hatched area before turning in.




...........that'd be fine but for the very substantial traffic calming island occupying that space.
arborlad

smile...it confuses people
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Re: Neighbour built wall between driveways - creating hazard

Postby pilman » Tue Aug 01, 2017 9:31 am

It would seem that the obvious solution would be to indicate left when approaching from the direction that the photo shows and drive past your house entrance to stop partly on the paved crossover area in front of the neighbour's drive and partly on the road. Then reverse into your drive.

That would also make it much easier to drive forward into the road the next time the car is used.

Second alternative is do what I did when I retired.
Part exchange a Mercedes for a new Honda Jazz.
It's easier to drive and park, it saves on fuel costs, and it allows five passengers to be transported just as well as a Mercedes saloon does, but with better carrying capacity for items when the "magic" back seats are folded down.

It would also most definitely allow you to drive straight on to your drive if that is the preferred way to enter your property.
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Re: Neighbour built wall between driveways - creating hazard

Postby mugwump » Tue Aug 01, 2017 11:21 am

arborlad wrote:
mugwump wrote:You just need to adopt what artics and tractors with trailers do, swing out slightly to the right into the hatched area before turning in.




...........that'd be fine but for the very substantial traffic calming island occupying that space.

If that is the case then approach from the opposite direction where you will have the full width of the road to work with
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Re: Neighbour built wall between driveways - creating hazard

Postby MacadamB53 » Tue Aug 01, 2017 4:56 pm

Hi TEARDOWNWALL,

this is creating a safety hazard

no more so than if the wall didn't exist - a car indicating, braking and then turning left off the main road.

give yourself permission to relax and complete the manoeuvre at your own pace.

Kind regards, Mac
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Re: Neighbour built wall between driveways - creating hazard

Postby jdfi » Wed Aug 02, 2017 11:10 pm

pilman wrote:Then reverse into your drive.



This.
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Re: Neighbour built wall between driveways - creating hazard

Postby thin and crispy » Thu Aug 03, 2017 1:17 am

So what you are saying TEARDOWNWALL is that you want to remove your neighbour's wall, which you say is on his side of the boundary, so that you can drive over his land.

That's got to be a joke.

You can't seriously think it's okay to dictate the boundary structure your neighbour employs just because your car is too big for you to handle.

How do your other neighbours manage? I see they have a similar wall to contend with.
Prejudice, not being founded on reason, cannot be removed by argument. Samuel Johnson.
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Re: Neighbour built wall between driveways - creating hazard

Postby jonahinoz » Thu Aug 03, 2017 6:49 am

Hi,

From a legal (if not moral) point of view, what is the position if Teardownwall (or his predecessors) has been encroaching on the neighbour's drive for the last 20 years? Would there now be an easement? (I didn't write the law) This wall is new, but the previous wall did not reach the boundary.

I think my first move would be to ask the council to extend your dropped kerb (probably at your expense). You already have a dropped kerb, so they cannot prevent you driving in/out of your property. Extending the dropped kerb will reduce the hazard/delays. Until they say "No", you don't know that they will. Could it be argued that you already have permission for a dropped kerb, perhaps without any specified limit on how much can be dropped? I paid to have 6m of my kerb dropped, that's the full width of my plot. Nobody mentioned/asked "how wide" it was going to be.

A dropped kerb the full width of your drive, plus a smidgen, would allow two cars to park on your drive, probably increase the value of your house.

John W
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Re: Neighbour built wall between driveways - creating hazard

Postby TEARDOWNWALL » Sat Aug 05, 2017 10:14 am

ukmicky wrote:Not much help I'm afraid because there is nothing you can do as they are entitled to build a wall right up to the highway.


Its also not a hazard but if it were the most obvious solution to reduce its impact would be enter from the other direction.


Driving in also means your reversing out onto the highway which is a hazard if you read the highway code. As I said its not illegal and the highway code is not the law but the guidance it does provide is best driving etiquette.


Yeah, had to enter via the other side (takes an extra 2/3 mins) - very frustrating
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Re: Neighbour built wall between driveways - creating hazard

Postby TEARDOWNWALL » Sat Aug 05, 2017 10:15 am

despair wrote:surely the neighbour also has hassle getting into their drive
the vision splay is simply not wide enough
utter madness


They have two possible entrances so not such a big issue for them - big issue for us though
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