Fence Dispute

[workhaus]

We have a fence which runs roughly along the boundary between our and our non adjoining neighbours to the front of our houses between our drives. It's made from concrete posts and larch lap panels. Our drive, though long enough to fit 3-4 cars is quite narrow - you can drive down it , but not open the car door to get out! So, we would like to remove the fence altogether and replace the concrete posts with plants. Our neighbours are adamant that they do not want this to happen, yet on the deeds the fence is joint ownership. How can we resolve this. We really only want to be able to use our drive in the same way that they use theirs and have the option to park off the quite busy road.

[Compostella]

I guess that if it is joint ownership, then you would both have to agree to what is there so its best to befriend them and try to get them to buy into your idea.

More importantly, there is usually only one winner in these kinds of disputes, and thats the solicitors, please do all you can to avoid getting in a situation where you need to employ one.

Maybe get a party wall surveyor involved, but let your neighbours know first as that will antagonise them if you don't.

Good luck

[bednobs]

hiya, i was just wondering how having plants there would help - you would still have the same amount of drive space, and wouldnt be able to open your car door, because instead of concrete the plants would be in the way!

[Eve]

Do you mean plants at a lower level so the car door can swing over it to open?

[Panic Button]

It is hard to see why the neighbours should agree to this. They gain nothing, but lose some privacy.

[lajohn]

Since your neighbours are not so understanding and obliging, you should suggest to them that you exchange driveways. See how they like that.

[LoftyLottie]

As it is joint ownership then you both have to agree.

How tall is the existing fence? Was in there when you bought the property or have they put it up since. If it has always been there then I can't see how you can resolve it if your neighbours want it to stay. Does it offer them privacy? If so, then I can understand them not wanting to change it.

If you were able to use your drive before and they have erected a fence which has stopped you being able to use it now, then you might have a chance of sorting it out.

[LoftyLottie]

It is not your neighbours fault that their driveway is wider than yours. I don't think they are being particularly selfish.

[Bob906]

You say that you have this fence on one side and the drive is quite narrow, what is on the other side if it is garden then why now widen the drive that side.

[workhaus]

The fence was there when we moved in 2 years ago.
I did mean low level plants that would not scratch the cars paintwork.
Our neighbours would not loose any privacy. Their windows that face the drive have opaque glass both up and down stairs.
We have suggested that the 2 top panels at the far end of the drive be replaced by trellis to provide privacy for both houses.