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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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we have a problem where our drive is on the same side as next

Resolved Question:

we have a problem where our drive is on the same side as next door side gate and because we dont get on with she, she has been putting her dustbin right on the boundery and when we drive on the drive we cannot help but catch the bin. When we first moved in 10yrs ago there was a little bourder with hedge, but we had to take it out because we could not get out of our cars. Now next door has said there will be a fench been put up and we will have even bigger problems getting in and out of your car. what can we do as the bounderys between each house are there for both houses not just for one side.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Can you please explain the layout of the property?
I don't know what you mean when you say that your drive is on the same side as next door's gate.
Issue putting her a bin over the boundary? If not then why does that stop you getting in and out of the car?
Do you have to open the door over her land?
Is the fence actually on the boundary?
Are you saying that if you open the door it hits the fence whereas before it used to open past that?
Customer: replied 2 years ago.

the fench has not been put up yet it is only what she has side is been done next week. each house has a side gate toyour garden and hers happens to be on the same side of her house as our drive way and garage. and yes when we get out of are cars the doors go over her side if they are fully opened.

Expert:  Jo C. replied 2 years ago.
If she puts the bin on her side of the boundary or puts a fence on the boundary or just on her side and that stops you opening your car door or makes it awkward for you to get in and out of the drive and there is nothing you can do about it based upon what you have told me.
The reason for that is that when you open your door over her side, that is actually trespass and you are not entitled to do that.
You would have had to do this for 20 years without consent or objection to acquire an easement to open your door over her property.
In just the same way, she is not entitled to open her car door over the neighbouring property either.
I'm sorry if this is bad news for you.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience: Over 5 years in practice
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