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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We live in a Semi detached house with a shared drive, in our

Resolved Question:

We live in a Semi detached house with a shared drive, in our deeds for the property it states "All fences shall be of a material pattern and height approved by the vendor, and no fence hedge or gate shall be erected or permitted to stand in front of the building line". Our neighbour is in the process of changing his front garden to a car parking area, and has told us that he intends to erect posts and fence down the centre of the drive, which will severley
impair a person getting in or out of our car. We have informed our neighbour what our deeds read, his reply was "after 30years I can do as I want, so stop me if you can". How do we stand.
Hope you can help
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

I assume you want to stop him? Is the neighbour just refusing to do anything?

Customer:

yes

Alex Watts :

Ok - well if the deeds state that then he can not just go ahead and do what he wants

Alex Watts :

You need to write and set out your position and say that you will issue Court proceedings if he tries to do anything

Alex Watts :

If that does not work then you should get a local Solicitor to write and set out the position and ask that he confirm within 14 days he will not do anything, or you will issue proceedings

Alex Watts :

This is the cheapest option

Alex Watts :

If he refuses then you may be able to seek an injunction to stop him doing any work

Alex Watts :

You would need to complete forms N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

But it makes no difference whether he has been there 30 years - it is in the deeds

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thankyou , I will be in touch if we need any further advice

Alex Watts :

All the best

Alex Watts :

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Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


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