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LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 818
Experience:  Experienced solicitor
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We live in a semi which is the last house on a cul de sac which

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We live in a semi which is the last house on a cul de sac which is used for traffic turning only. There are a couple of houses that back onto the cul de sac from a different road, there was a boundary fence originally across these houses. The owners of these houses have now decided to take the boundary fence down to open their back gardens up for car parking. The only problem we are having is that when we reverse down our drive, which is at the side of our house, we are only a short distance from where they have opened up their gardens to park their cars. I have already clipped one of their cars when reversing out as the car was parked across the opening and not in it, I had to involve my car insurers for the repairs to both cars. Is it legal to take this fence down for car parking. Thank you

LondonlawyerJ :

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

LondonlawyerJ :

I am not suer that I quite understand the situation you are describing here. Are the fences that have been taken down at the front of your house so that the people from the houses you describe drive directly from you cul de sac onto their land?

LondonlawyerJ :

Was there any discussion between you and the people who removed their fences before they did so?

LondonlawyerJ :

Also is there a foot path where they have done this and is the road maintained by the local authority?

Customer: No, they just took the fences down. There is a footpath that runs round the cul de sac so they drive over this to get to the back garden.
Customer: Over the years the road has sunk in the cul de sac so the pavement looks as though it has been lowered but it hasn't it is just worn down. The fence that has been taken down is at the front of our house, right hand side where the footpath runs round the cul de sac.
Customer: The road Is maintained by our local authority
LondonlawyerJ :

OK, thankyou for that. I will be in and out of meetings today but will get back to you with an answer later today.

LondonlawyerJ :

OK so 2 houses backing onto your cul-de- sac have removed the fence at the back of their gardens so that they can use their back gardens to park on. They drive over the pavement to gain access to their property.

They can do pretty much want they want with their gardens. They do not need permission to remove their back fence and are entitled to use their own land as they want.

There is a general prohibition against driving over footpaths but there is an exception to this prohibition if the reason for driving is to gain access to property one is lawfully allowed to enter.

I fear there is not much you can do about his. It might be worth contacting your Local Authority about this if there is a child safety issue (eg if there is more traffic where children play). It is a very long shot but they could add bollards or something to the road to block the route. This is a very long shot and unlikely to succeed I am afraid.

I hope this is answer is useful even if not the one yo were hoping for but please feel free to ask further questions.

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