obstructed access to driveway

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smc123green
Posts: 2
Joined: Mon Mar 19, 2012 5:15 pm

obstructed access to driveway

Post by smc123green »

My driveway is only accessible by an unadopted road that myself and my neighbours are responsible for. opposite my driveway builders have started work on an empty building and have put up a fence on the unadopted road which means that we cannot get our cars in or out of our driveway. the planning application for the works stipulated that no restriction of access to our drives was allowed. i have spoken to the builder who says there is no other option and the council agree that it is against the planning application but that this is now a civil matter! can i legaly remove the fence as it is on land that i am responsible for and i have not given or been asked for permission for this fence to be erected? he says the works will take about 6 months!
despair
Posts: 16943
Joined: Mon Mar 14, 2005 7:07 am

Re: obstructed access to driveway

Post by despair »

If the planning permission has a clause that requires that your access is not obstructed then they MUST enforce it

I bet the Builder is talking bull***t

can you post a photo of the situation so one of us can suggest a way fwd

I can see no reason why you cannot legally remove what amounts to an obstruction of your legitimate rights of access

Check very carefully all mortgges /insurances/credit cards/union membership for Legal Expenses Cover

You might need a very fast Injunction slapped on this totally inconsiderate builder

Does he own the land or is he simply contracted to build the house for someone else you might need to find out
syckend
Posts: 986
Joined: Sat Feb 26, 2005 8:25 am
Location: South Coastal area

Re: obstructed access to driveway

Post by syckend »

You have a ROW. Remove the fence.
span
Posts: 1814
Joined: Sat Nov 06, 2010 1:34 am

Re: obstructed access to driveway

Post by span »

smc123green wrote: on land that i am responsible for

Explain that bit please. Do you own it, or are you an agent for the owner, or what?

anyhoo, I'd just tear the offending structure down, and explain to anyone who asked why that it was "a civil matter"!
smc123green
Posts: 2
Joined: Mon Mar 19, 2012 5:15 pm

Re: obstructed access to driveway

Post by smc123green »

@span, land i am responsible for= i am one of several neighbours responsible for the maintanance and upkeep of this unadopted road. and sorry can't get photos at the mo (it is very dark out there now!)
syckend
Posts: 986
Joined: Sat Feb 26, 2005 8:25 am
Location: South Coastal area

Re: obstructed access to driveway

Post by syckend »

Good time to pull down the fence then!? :wink:
I advise as an experienced layman whose dispute via Courts lasted 5+yrs. Try to avoid this route©
despair
Posts: 16943
Joined: Mon Mar 14, 2005 7:07 am

Re: obstructed access to driveway

Post by despair »

Are the other neighbours also unable to get out of their drives
Sudynim
Posts: 2242
Joined: Mon Dec 21, 2009 6:31 pm

Re: obstructed access to driveway

Post by Sudynim »

syckend wrote:You have a ROW. Remove the fence.
agreed. Minimum damage, don't remove any parts from the site.
mr sheen
Posts: 2670
Joined: Fri Feb 27, 2009 2:33 pm

Re: obstructed access to driveway

Post by mr sheen »

You have the right to remove any obstructions to your passing and repassing along the ROW, so I would take down/move back or whatever the section of fence obstructing me. The builders are right in saying it is a civil matter but didn't look into it enough - they may have suspected that you would have to take long drawn out legal action to try to get them to move it in which time they would be long gone, but no... if you can't get past - you can move the obstruction ( being exceedingly careful and respectful not to damage it of course).
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