- Boundary Dispute – help please
I had a similar situation a few years back & was advised at the time that right of access means exectly that – you are only entitled to use the designated route for access to/from your property.
We had been storing our wheelie bin in an alley we used – it didn’t block it and we were the only people that needed to pass it – but the owners of the house next door had us remove it as they didn’t want it there when prospective buyers came round. God knows why ’cause you couldn’t even see it from their property.Posted 8 years agogeoffjSubscriber
I don’t think there is much you can do TBH, but good luck.Posted 8 years agoGoonerMember
boundary disputes can quickly escalate into expensive and stressful situationsPosted 8 years ago
i would advise you contact your solicitor and get them to summerise your exact rights in relation to this
then i would have a think about what comprimises you are prepared to give eg. you will move washing line if they don’t put up trellis fence etc however, bear in mind you do not want to be “giving them” anything that may reduce the value/saleabilty of your property
remember if and when you do sell you need to disclose any disputes with neighbours so a compromise between both parties may be a solution
you probably do not want to be instructing solictors to act as the cost will rise very quickly although you may need to if you cannot agree a compromiseTheLittlestHoboMember
Washing line sounds like you are making the most of the boundary and kinda a little beyond. If the fence hinders your washing line, it sounds like your washing line is indeed too close. Will a whirliegigg not work (Thats what we call ours) Set into a ground anchor they are easily removed so to free up space when not needed.
The right to light is something you cant really complain about. I dont think you have any official right to a certain amount of sunlight. We put up a conservatory and didnt ask the neighbours.Posted 8 years ago
It is as I suspected, though we will try and argue ‘the toss’. There isn’t enough room for a whirlygigg – the yard is that narrow. The only way we could achieve a movement of line would be to have the line at 1st floor height, with a pulley system to raise it above the fenceline. Are there any planning rules to stop a 20 foot pole going on the boundary line?
Cheers,Posted 8 years ago
We live in a semi-detatched in the middle of a town, with a small yard – and that’s about it. Next door is a ‘buy-to-let’ property with tenants that stay for 6 months to a year. We have a right of access through their back garden and this has always been our main access point.
The boundary markers are a 3 foot fence against the property and a similar size brick wall that retains their raised garden. Along the boundary line, we have a washing line as this is the only place to have one.
The property owners now want to install high trellis fences to encourage plant growth and to effectively block us from their bargen view.
This will mean that we will be unable to use our washing line AND will seriously cut down on the light that comes into our kitchen and garden (the boundary runs East/West and we are on the North side).
I have a meeting with the property owner this weekend to discuss their plans but from the tone of the emails, they have made up their mind and have effectively told us they object to our washing blowing over their property and that we should move the line. We have no alternative siting for the line and this will effectively prevent all use of the line.
Is there anything I can do to prevent this from happening (assuming the discussion on Saturday doesn’t work)? They don’t need planning permission (I wouldn’t have thought so!) but do I have any rights on restricted light to my property and use of existing amenities?
Sorry for the waffle……
Carl.Posted 8 years agothepuristSubscriber
Owen – that’s not what it says on the Planning Portal site
Fences between gardens generally don’t require any permission up to 2m high so AFAIK Plant has no legal redress to them putting a fence up – seems that it’s not interfering with the access so there’s no ground for complaint there. Plant – stick up a pic and we’ll see if the STW collective can come up with alternative washing arrangements.Posted 8 years agoowenfackrellMember
This is the bit that applied in out case.
it would be over 1 metre high and next to a highway used by vehicles (or the footpath of such a highway); or over 2 metres high elsewhere; or
Which may applie here if he can claim that it is a fotopath of such a highway.Posted 8 years agoBrother_WillSubscriber
Why not erect a deck which is supported in your yard but cantilevers over the neighbors property by a few feet. That may be a bit drastic in retrospect as it would have to be some height indeed to clear the trellis the neighbor is erecting, alternatively you could erect a deck on the boundary that raises your property height enough for the poles or whirly gig to clear the neighbors trellis.Posted 8 years agobluebirdMember
Tricky. I can see if I were you I would be frustrated at losing my washing line, but if I owned the other property I’d feel entitled to put the trellis up too. I appreciate the trellis will put an end to your (arguably a little bit cheeky) washing line, but they aren’t restricting your right of way.Posted 8 years ago
I’m with Bluebird – they are putting up a fence which they are entitled to do – the fact that it stops you from putting your washing where it goes now is of no consequence – they are erecting the fence on their property.
Could you use a retractable line that goes in a different direction maybe???
Or it’s time for a rotary dryer – there is a new one LINKY that has just come out that cantilevers off walls so you could do that.
Or dry indoors all year which my wife insists on because she is scared of spiders getting in outdoor dried clothes 🙁Posted 8 years agodoc_bluesMember
have nothing to add of any consequence, apart from mastiles wife may have a point. still find it funny that my mother got stung on her lady bits by a wasp that was in a pair of grundies she had just picked in from the line (what she was doing out in the garden commando didnt cross my seven year old mind, but disturbs me slightly now)Posted 8 years ago
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