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So, just for a twist this is not my property but I guess I’m slightly impacted.
Our neighbouring property is rented out. As far as we know the owner buggered off to Spain 20yrs ago and just rakes in the cash with little interest in the place. The driveway design has always been odd with nowhere for neighbours to easily get out their car. Next door +1 have always been a dick about this and cause a scene if neighbours step out on ‘their land. They are about to resurface the whole area.
We have no issue with them stepping out onto our driveway because, why would you? It does mean if even I chose to border my driveway with fence/plants it would be impossible for my neighbours.
Nosing at the title plans it looks like originally there was a path adjacent to next doors drive that has been claimed by next door+1 (would have been a previous owner) as their own.
So. Given that next door rent so have no recourse here I guess, and the owner doesn’t care because he gets his rent regardless, is it worth or possible for me to dispute it? I’m guessing the answer is no, but I hate seeing the stress it’s causing our neighbours and the injustice of someone stealing land that then has a knock on impact to us.
If you’re keeping up so far WWSTW do?
Could they as tenants plant hedges so they only have choice to use your drive to step on? In true single-track style we'll need well annotated photos.
Is this related to Palestine or Putin annexing Crimea?
In true single-track style we’ll need
…you to hammer a line of sausages along next doors boundary to Nextdoor + 1.
I can’t really help, but I admire your attitude to get stuck in to help your Neighbor, it’s to be applauded.
I doubt next door+1 would have any idea that the previous owner had taken the land. You could simply* point it out to them, and then if they had any sense they'd stop being idiots.
* not sure how
Tosser is being unreasonable to nice judging by the annotations. They could just start trampling the bushes to prove their Right of way or start walking on their lawn. If they walk on their lawn then that might sway tosser to allow them to use the original path instead by removing the bushes.
I'm pretty sure now you've graffitied your neighbours houses they'll get the message.
Ask tosser to trim the tree back, see what response is.
Looking at gates at 5 & 6 that does seem to be the property boundaries.....but nothing is ever as it looks
This pic was when previous owner lived there, although she was also a tosser.
Tree , bushes and lawn now resembling a building site and shortly to resemble a car park.
If they are about to resurface the whole area, then I'm sure they'll respect the fact that part of their lawn is the service strip, as denoted by the concrete edging across all the drives (and the fact some of your neighbours have only paved up to this point)
Also land registry does imply the drive should widen out and be ample room to get out of a car. Can't really be used for boundary disputes as this is the closest zoom but good ammo to accidently pass to your neighbour. (for £3 they can get the property plan which might be a bit better)
If you download Google Earth you can change the age of the overhead satellite images, there isn't any conclusive evidence but it does seem to show the drive was wider at some point, hard to tell though as old cars were smaller.
Oh interesting, where’s that 2nd zoomed in pic from?
Have party wall notices been served? I went to apply for building inspection on me installing some insulation and bricking up a badly bricked up opening in the back of our house. I couldn’t until I’d jumped through a number of legal hoops to both inform the neighbours and have a survey commissioned (by a mutually agreeable, neutral surveyor) to establish the boundary. At any point my neighbour could raise an injunction to prevent me from maintaining my own wall.
Just for devilment, ndb1 do have planning permission for the extra hard surfacing going in? They do don't they?
Better check your council's planning portal and inform building control if it's not done after all we need to keep flash-flooding and sewage discharge to a minimum.
The second pic is https://eservices.landregistry.gov.uk/ The mapsearch free function. I'm not sure if thats business only for that view but the normal .gov service https://www.gov.uk/government/organisations/land-registry is the general public access and I'm sure it will give most of the same info. It will also show the deeds for £3 which often note stuff like right of access and services across shared land.
When did the neighbours annex the 'garden strip'*? If they've had years and years of unchallenged possession, I suspect they might as well own it.
*Inaccurate, but can't think of any West Bank puns.
Land grab happened to the previous owner of my house it's a very handy 8sq mts for me not for the people who nicked it.
When we moved in it was missed by the surveys ect. I questioned it as was told anything over 8/10years of uncontested boundaries basically means you can nick it over that time frame.
I eventually found out that that it got nicked by the owners of the bungalow behind me doing the old lady a "favor" of putting a new fence up just in the wrong place.
I could have a new double garage workshop so I'm quite bitter about tbh. Sadly it would be a very expensive but of land to try and get back via legal means.
When did the neighbours annex the ‘garden strip’*? If they’ve had years and years of unchallenged possession, I suspect they might as well own it.
*Inaccurate, but can’t think of any West Bank puns.
Except if the current driveway resident keeps using it.... Surely it's, at most, in dispute?
And either way I am not sure that little nugget holds true if it physically restricts access?
Knowing what the previous owner was like, I doubt the landlord had touched down for his life in Spain before she staked her claim, so could well have been 20+ years of unknowing tenants next Dore struggling with access. Not sure how current owners could error prove usage over that length of time though.
If you’re keeping up so far WWSTW do?
For the time being I'd not do anything that would make their access any more difficult. Their's a clear demarkation line with your gravel bit anyway.
And is this a gate - if so does it fall in line with what would have been the old access path - centreline here would give a good indication where boundary is...
https://www.gov.uk/government/publications/easements-claimed-by-prescription/practice-guide-52-easements-claimed-by-prescription
/blockquote>
Yes but that's only to gain an easement (a right of access)* - it does not change the ownership of the land at all - I think you need to have fenced the land off for that but could be wrong.The Tossers need to be informed that they can't do whatever they like with the land. Maybe let them resurface it and then install a fence (or just a painted line) marking the real boundary!!
Edit: TBF if the the Tossers are getting rid of the old path/bed and creating a hard surface it will be much easier for Nice to use it!
* we have gained an easement from our land over the corner of a neighbours field (it's a campsite) having used it for > 20 years. The neighbour died a few years ago and the land passed to his daughter who got a solicitor in to establish boundaries etc.
A bit of digging shows there used to be a hedge there - so 'tosser' may be in the right!...
https://themovemarket.com/tools/propertyprices/6-parr-close-swindon-sn5-6jy
And August 2009 below...
Does that hedge mean the land it theirs though?
I’m not convinced the hedge means much. If I was trying rob someone’s land and falsify a boundary I’d plant one too.
Nope, of course not - but why would you make your own drive tighter than it needed to be? It does show there's been no pedestrian access for at least 20 years though.
If I were the OP I'd just keep out of it and just be a good neighbour on his side.