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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We moved into our house 6 months ago and have been carrying

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We moved into our house 6 months ago and have been carrying out an extensive renovation programme which is nearly complete internally but not externally. We have been very aware and considerate to our immediate neighbours and all noise and minor disruption kept to a minimum but it seems that this has not been looked upon kindly by our neighbours. We live in a detached property with a separate double garage and car port. Our neighbour lives at the end of a terraced row and is divided from us by a tarmac access unadopted road which enables the other occupants of the terrace to access the rear of their properties and also gives us access to our garage and car port. Our neighbour claims he owns this tarmac but we all have access rights. The gas main for all the properties runs underneath this tarmac. We have had to use this access to enable skips to be delivered and collected at the rear of our property. No damage has been done to the tarmac. This has made him very angry to our bafflement. He is now taking steps to erect a fence on the outside of our boundary wall running all along the length of this boundary wall to our garage. This fence would be on his tarmac. My concern is how far away from our boundary wall can this fence be? If we need to maintain or repair our boundary wall and he has put a fence right up to it, it will make such maintenance very difficult. I know he cannot erect a fence higher than 2m but we also have ground floor windows which could be obscured by his fence. Is there any legislation that states that his fence has to be a certain distance from our wall? Do we have any legal rights in this matter? We are reasonable people and just don't understand why he is being so obstructive. Any advice would be very much appreciated.
Hello Melissa my name is ***** ***** I will help you.
Have you checked the deeds to see who owns what?
Customer: replied 2 years ago.


When we purchased the house, our solicitor informed us that we had access to our garage via the tarmac road. I believe we have an insurance policy which confirms this access. Our neighbours would most definitely not show us any evidence of their ownership but we could check this I suppose. Our solicitor did a lot of work on the boundary /land registry details at the time of our purchase. We have all the paper deeds relating to our house. Is this all the info you need to answer my original question?

So you have access and this will be refused, is that right?
Customer: replied 2 years ago.

Hi Alex

It's a bit difficult to explain without seeing it so sorry for any confusion. We still have access down the tarmac to our garage although it will mean that no further skips can be delivered as the fence would make the tarmac access road too narrow. We can work round this although it will make matters a bit awkward when we come to do the garden at the rear. The access is not really the issue here as he cannot deny us access down his tarmac road - it is the plan of my neighbour to erect a fence directly next to my boundary wall. I want to know if there is any legislation that says there is a minimum distance away from my boundary wall that he can erect his fence. He has sprayed markers where I believe he plans to put the fence posts and they are near enough (but not quite) touching my boundary wall. My wall may need to be repaired or replaced in the near future and if he puts this fence right up to my wall, it will make any wall repairs very awkward to do. Do you think I am making his pettiness into something it isn't? He has a real issue over his tarmac which is in fact crumbling and in a poor state of repair. He reminds me and every workman working on my property on a near daily basis that he owns the tarmac. The proposed erection of a fence will not benefit him in any way but will just make life a bit more difficult for myself and the other residents of his terrace. Quite a few residents have landrovers and larger cars and making the tarmac access road narrower by the addition of a fence will make access difficult but not impossible. I think it's a control / power thing for him.

Is it within 3 meters of the property they must serve a party wall notice. You can contest this and a surveyor can get involved
But if it's within that distance they must comply with the law and serve notice, then access and such things can be discussed with the surveyor.
Can I clarify anything for you about this today please?
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