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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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My neighbour wants to place a fence along the side of my

Resolved Question:

My neighbour wants to place a fence along the side of my property on his driveway to stop me accessing and maintaining my property.
There is currently no fence, just the side of my house then his driveway. Can he do this?
If not how do I stop him?
Submitted: 9 months ago.
Category: Law
Expert:  F E Smith replied 9 months ago.

Would the fence be solely on his land?

Is your wall the boundary which is right up against his driveway so the physical layout is that it’s your house and as soon as your house wall finishes, it is immediately his drive?

You say that he is doing this to stop you accessing and maintaining your property, why is he doing that? Is your sidewall currently painted?

If you could explain the issues between you and the neighbour in some more detail that would be useful. Thank you.

Customer: replied 9 months ago.
The fence would be on his driveway but my side wall directly abuts the driveway. As soon as my house ends its directly next to his driveway only separated by a small side wall on my property. He intends placing the fence on his driveway, but this would mean we cannot get to the side of our property then which is painted and we would
not be able to get to the side due to the fence. it also means we would not be able to see anything but a fence when looking to the side of my property.
My neighbour has a few issues with sebveral neighbours and can be unreasonable and threatening. We try to have little to do with him but we were informed of his plan and he refuses to discuss it statingbitbis his driveway and he can put anything on it even if it stops us being able to paint the side of our house.
Both properties are privately owned so are not local authority or housing association.
Planning have told me there are no planning issues and it is a civil matter, but I thought if you had a semi detached house you had a right of access to maintain the side of your property. If he does this then I would not
be able to do so and we need to paint the side of my house and have new damp course, which is why I think he is doing this now.
Expert:  F E Smith replied 9 months ago.

The manufacturers guarantee is not transferable perhaps but under the Consumer Rights Act which applies to goods purchased after 1 October 2015 and supersedes the old Sale of Goods Act, goods have to be of satisfactory quality and satisfactory quality means that they have to last a reasonable period of time and a reasonable period of time is 12 months.

It doesn’t matter that your mother has sadly passed away, that right and yours for the benefit of her estate and there is no reason why, if the retailer will not repair or replace the battery (not usually repairable) you should not have another one. The period of the guarantee however would not be 12 months afresh but would be the balance outstanding until October this year.

Write to the retailer because this is the responsibility not the manufacturer until the retailer that unless he will replace the battery, you will take the matter to the Small Claims Court on behalf of your mother’s estate.

This is the link to the Small Claims Court www.moneyclaim.gov.uk

For the sake of the cost of the battery, it’s likely that it will settle out of court.

Can I clarify anything for you?

Please don’t forget to rate the service positive. It’s an important part of the process by which experts get paid.

Best wishes.

FES.

Customer: replied 9 months ago.
Sorry you did not answer my query this is someone else's question you are replying to
Expert:  F E Smith replied 9 months ago.

I apologise for that. Sometimes, cut and paste doesn’t work properly. Here is your answer.

If the fence is solely on his land there is very little that you can do to stop him putting it in place. Under the Access to Neighbouring Land Act the neighbour has to allow you access to his land for any work required to maintain and preserve your property. That would include removal of the fence to facilitate maintenance and replacing it although, you would be responsible for that cost.

If as a result of the fence, leaves and debris and rubbish accumulates between the fence and your wall and causes damp, he is responsible for that. If the fence causes any other problems to your property whether because of the drainage or for any other reason, then he is also responsible for that.

A solicitors letter warning him of the possible consequences of his actions and holding him responsible for any damage which results from the friends being in place may make him think twice.

You could threaten to make an application to court for an injunction to stop him putting the fence up if you can prove to the satisfaction of the court that he is only doing this to prevent you maintaining your property and trying to make things more difficult to you and to deny your rights of access for maintaining your property under the Access to Neighbouring Land Act.

It would certainly be worth threatening although getting the court order based upon the circumstances would not be guaranteed.

Can I clarify anything for you?

Please don’t forget to rate the service positive. It’s an important part of the process by which experts get paid.

Best wishes.

FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8970
Experience: I have been practising for 30 years.
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