Homeowner ‘blocked’ from building extension by neighbour’s gate post

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The argument started after a resident reportedly built a gate post outside of the legal property boundary, infringing on their neighbour’s driveway. After several failed attempts to ask the owner to remove the post, the neighbour, who shared the dilemma on Reddit, has been unable to proceed with their building plans to extend their property. In a post explaining their dilemma, the user, who goes by the name AukeyluX revealed that the post “blocks part of the path” for the extension which is needed to house their elderly in-laws.

The angered homeowner claimed that the neighbour had erected the stone pillar holding up a wooden gate on their land a few years ago, but it had only recently become a problem as they are planning on investing in building work on their property.

In the post, the Reddit user wrote: “We are planning to build a few extensions and have had objections from neighbours (mainly family disputes more than anything). They installed a concrete post into our side of the driveway a few years ago when we were on talking terms (although no approval was given), which holds up his wooden gate.

“This post is blocking our extension work and he has been out measuring up his driveway, assuming to build a fence or something which will take over our driveway. We have a photo and video evidence of this plus erratic behaviour, including kicking our bins off ‘his property’ when they are on the party wall.”

After checking the land registry deeds to determine the boundary’s rightful owner, the author of the post explained that it was in fact theirs. However, their attempts to remove it had come to no avail.

The homeowner noted that their main concern was their neighbour’s plans to build further on their land in spite of what the title deeds state.

They wrote: “I even saw him out last night measuring his driveway. I assume he’s planning to build a fence/wall all along the drive, which would be great so we don’t have to pay for it, but if it meets the post that means the whole fence will be on our side of the driveway, restricting vehicle access as it’s narrow. This needs to be resolved soon.”

Seeking advice on how they can proceed with the matter, the forum user noted that they have “all the paperwork” to prove the neighbour has built on their land.

They wondered that with a stern solicitor to help them, they could legally take the post down themselves without the neighbour bringing a legal case against them.

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In response to the post, one user who goes by the name Special-Sign-6184 commented that the homeowner should “be prepared” for a lengthy battle to resolve the issue.

They opined: “Sounds like a boundary dispute and these can just be awful. It should really have been dealt with at the time the gate post was put in.

“Be prepared, that whatever evidence you have that it is your land might well not be enough or might be disregarded if your neighbour takes you to court.”

The Reddit member explained that land registry plans are not always considered precise or accurate enough for cases like this.

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Another asked why the resident didn’t dispute the construction of the fence post at the time it was built. The author of the post explained that this was because they were “on talking terms” at the time and previously “had no plans to extend”.

They added that the post has become a significant problem for them since the planning permission was granted for their extension work, as they are unable to proceed until it is moved.

According to Ian McEwan, a property disputes solicitor, the Reddit user AukeyluX, land registry plans are “often useless” for solving these disputes, adding that in some cases, both homeowners may be wrong about where the boundary lies.

He said: “If it’s on your land, you might be considering removing the fence yourself.  But if you’re wrong about where the boundary line is (and you might well be) it could be you who is trespassing.”

The property dispute expert recommended talking to the offending neighbour as the first point of call or issuing a series of letters if this fails.

Ian said: “A letter from a solicitor requiring the fence to be removed will probably do the job, provided it’s worded correctly. Too aggressive a letter and things may turn sour quickly. Often just the sight of a solicitor’s letterheaded paper can be enough to show your neighbour that you’re taking things seriously.”

If they don’t remove the fence or in this case, a gate post, and/or don’t respond, then a more formal letter might be necessary. According to the property expert, these are called “pre-action letters”.

The letter should specify a reasonable period of time for the fence to be removed or for a substantive response to be provided. Ian added that they are “a necessary step” before taking any formal action.  If you don’t send one and go on to take action you could be penalised.

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