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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 791
Experience:  Solicitor with over 15 years experience.
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We live in a bungalow. Have been here 12yrs. We have always

Resolved Question:

We live in a bungalow. Have been here 12yrs. We have always had a caravan in the back garden and when we use it take it out through the drive. Next doors drive is next to ours and we go slightly on her side to get out and in. This we have been doing since we arrived here 12yrs ago.
A new neighbour has come in Jan 2014 and allowed us to get the caravan out the same way. She is now going to put a fence up from her garage which is at the back to 6 to 8ft passed the back end of her bungalow along the middle of the drives. There has not been a fence there since long before we arrived. This will stop us getting the caravan in and out.
She is aware but is not bothered but is thinking her boundary is over our side.
Can you give me any advice
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello I am a solicitor with over 15 years experience I will try to help you with this.

LondonlawyerJ :

Is the neighbour threatening to put the fence on the correct boundary between the properties or is she going to put it on your land?

Customer:

she is convinced that she can come to a post on our land even though the land registry shows the boundary is level with her garage which means she will come on to our drive by 6-7inches

LondonlawyerJ :

OK the land registry title plan is not a definitive guide to boundary location. To be sure about the boundary you will need to look at the description of the land conveyed to you when you brought the property. This is called the parcels clause. There may have been a detailed plan setting out the extent of your property. You should show your neighbour the HMLR title plan and ask her why she thinks the boundary shown is wrong. She may have a good reason but she may not, but if you show the title plan it maygive her pause for thought.

Customer:

This lady is determined to do things her way. She is now saying she is going to take down the fence that we put up between the properties.

Customer:

We know we cannot stop her putting a fence on her land but we do not want any part of the post or fence on our drive.

LondonlawyerJ :

How does she justify this why does she say she owns some of your land?

Customer:

Because we put the fence up between the properties solely on our land which then came 5inches or so to the right of her garage when the previous owner was there as we couldn't put post on the boundary as they would have affected the brick wall of the garage and she is claiming this is hers

Customer:

Do we have any standing with her knowing that she will stop us putting our caravan in the garden. We cannot put it on the drive as it is too narrow. She has not been bothered about us coming in and out . She has stated we need to lower the drain but we would hit the guttering. Fencing her adds a bit of garden to an already large garden with drives that are narrow

LondonlawyerJ :

OK you need to put in writing to her the reason why she is wrong about the boundary and that she cannot build on your property. It might be a good idea to go to a solicitor to get a suitably intimidating letter to threaten legal action if she tries to steal your land.

LondonlawyerJ :

It might be that you could prevent her doing any work on your side of he drive by parking your caravan there but you might think that is too provocative an approach....

Customer:

Do we have any claims that we have done this for 12yrs and both the previous owner and her have not stopped us but she knows she will stop us having caravan in back if she puts up fence

LondonlawyerJ :

You need 20 years use to get an right of way by prescription (use as if by right).

Customer:

ok. I can park my car next to the boundary. Are we able to say that we do not want any part fo the fence on our drive that all posts and fence has to be on her side.

LondonlawyerJ :

Yes, you can do that as long as you explain why the boundary is where you say it is.

Customer:

She will most obviously damage our drive can we stop her because of the damage expected or have it in writing about damage repair

LondonlawyerJ :

You can do both, tell her not to damage your property and if she does it then seek compensation for the harm caused and cost of putting it right.

Customer:

Sorry I was longer replying but her lodger has just reversed onto my side of the drive, and then swung his car around to park on her front garden. I asked him to stop using our drive as it is not impossible to park without using my drive. I am so fed up with this.

Customer:

So can I clarify we can object to her putting up the fence because it will damage our drive so effectively stopping her altogether.

LondonlawyerJ :

You can object to her putting anything on your land through a misunderstanding of the boundaries. She can not put anythign onthe boundary that has the effect of damaging your drive.

Customer:

Thank you for your help. It has settled my mind we now have to talk to her about this

LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 791
Experience: Solicitor with over 15 years experience.
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