A homeowner has told how they agreed to let their neighbours drive over the bottom edge of their driveway – but they were stunned when they saw what the neighbours had done next
A homeowner was left gobsmacked when what they believed was a neighbourly favour resulted in a tradesman rocking up and beginning to lay tarmac across their property.
The resident revealed that their next-door neighbours had requested assistance to access their own driveway – and they’d initially agreed to shift a fence.
This was because houses on the cul-de-sac feature extremely cramped and awkwardly angled driveways, preventing residents from actually getting a motor onto them, ‘even though there is space further back’.
Posting on Reddit’s legal advice forum, they explained: “My next-door neighbours asked if I would remove the fence so they could park on their own drive. This would mean they have to drive over the bottom edge of my driveway but then would be fully parked on their land.
“I verbally agreed to this, strongly emphasising this would be non-permanent and the fence would be kept, so that if/when either of us looks to sell, the fence goes back up and the boundary lines are always clear. Without checking with me, they had a contractor/handyman come out, dig out the fence and dispose of it. So now if I ever want to put it back, it’s going to cost me.”
However, the situation became even more outrageous when the neighbour took an even greater liberty, the homeowner revealed.
“I looked out my front window this morning and saw a van parked on my driveway. It was a contractor/handyman, and he had dug out the decorative stone border and was putting down tarmack/asphalt/whatever instead, making it look like one big driveway.
“I told him to stop, that this is my property, and I haven’t instructed any work. Went next door and asked what was going on, and got a string of sheepish spluttering about how they didn’t think I’d have a problem with it.”
The property owner stood firm and demanded the tradesman restore the boundary and strip away the tarmac.
However, they’re now fretting over potential legal ramifications: “Do I need to do anything else? I barely know anyone in the street and have only been here a few months so I don’t want to sour things but I also don’t want them taking me for a mug, or trying to establish a right of access/easement etc as that could affect my property value.”
One response suggested documenting everything in writing would be wise. They said: “Yeah, reinstate the fence and tell your neighbour that you are rescinding your prior consent to drive over your property, as the recent incidents with them removing and disposing of the fence, destroying your border, and seeking to tarmac over your drive without your consent show that the temporary arrangements aren’t working.”
Another person chimed in: “Long story short, I think you have handled the situation well, and that at this stage you have done everything correctly. You have corrected this ‘overreach’ and you’ve not materially lost anything apart from the fence.
“Your neighbour has clearly tried to get one over on you *and* has had the cheek to get a contractor over to literally set that in stone, without even telling you. Your neighbour cannot create a right of access/easement in the way you worry in my experience because you need either a deed/covenant proving said right or for it to be provable that they have enjoyed that right for several years (decades I think). Neither of which from your post they have.
“Myself, I’d ask for the fence to be put back at their cost (to re-enforce that you won’t indulge them in this behaviour), and send a strongly worded letter detailing how your verbal agreement has been rescinded, why you rescinded it and a timeline of events and photos if you have them, perhaps your title plan too to demonstrate that the boundary is where the boundary is. Write this document in such a way that if you should have to refer to it in the future it’s black and white.”
The original poster responded: “Thanks, that’s putting my mind at rest somewhat. Yeah, I think that’s probably the best call. I’ve got a video doorbell so I have pics of the before and after, and the dates it’s all happened etc so could lay it all out pretty clearly.
“I don’t expect that they’ll actually agree to get it replaced, but it’s worth a shot. If they don’t, I’ll pay for it myself in a month or 2.”
