Full Answer
Can a neighbour put up a fence on a shared driveway?
[FONT=Verdana, sans-serif]If the driveway really is shared, rather than just being a boundary without a fence, then your neighbour will have a right of way over the half of driveway you own. [/FONT] [FONT=Verdana, sans-serif]If that is the case you cannot just put up a fence, even if it is entirely on your land. [/FONT]
What are the disadvantages of shared driveways?
Shared driveways usually do not have enough space to allow them to be split up and for individuals get possessive about who owns what. They are built partly because it is cheaper not to put boundary fences in, it saves on land and prevents arguments over ownership. But then consider practicalities.
What are the rules for building a fence along a driveway?
Rules for Installing a Fence Along a Driveway When building a privacy fence along a driveway, consider height limits, distance from the property line and distance from the street. While regulations and laws regarding fences vary significantly by state, county and neighborhood, many regulations for residential fences share commonalities.
Can you take ownership of a shared driveway?
You cant take ownership if it is in fact SHARED. Imagine you need to back a lorry back up to your garage to tow a car away, it should have access to the WHOLE of the SHARED driveway. It's like taking ownership of the road that just happens to end at your house
What to do before building a fence?
Why are fences considered a right?
Why are aluminum fences taller?
Why are front yard fences shorter than backyard fences?
How tall is a fence?
Can distance from street be changed?
Who handles fencing disputes?
See 4 more
About this website
Can I put a gate on a shared drive?
If you wish to install a gate, wall or fence anywhere along the perimeter or at either end of the shared driveway, you should gain permission from your neighbour.
What should I put between two driveways?
One option for dividing property lines down a shared driveway is to install chain link fencing. A chain link fence is a relatively inexpensive fence to have installed, and can readily be placed over asphalt. Asphalt is soft enough to allow fence posts to be sunk into the driveway.
Can I build a fence next to an easement?
While it's possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.
Can you build a fence next to your neighbors fence?
Yes, you can build next to your neighbour's fence. As long as you're inside your property line you're fine. One consideration: your posts might have to be staggered relative to the fence posts of the existing fence. Staggered posting avoids interference with existing piers.
What are the laws on shared driveways?
Shared driveway rights All owners of shared driveways are legally obliged to be considerate and not block the driveway from other users. The exact terms related to a shared driveway should be set out within title deeds, with the aim to create fair usage and maintenance requirements.
What is classed as a shared driveway?
A shared driveway is usually owned by each of the homes involved. The part of the driveway on their land is owned by them, and the maintenance of the entire driveway is shared by all parties. In some cases, the driveway may be owned by one house, but legal access is given to anyone who needs to use it.
What is the 7 year boundary rule?
What's the 7-year boundary rule? Many people believe in a mysterious 7-year boundary rule, thinking that if you possess a piece of land for 7 years, you're entitled to apply for adverse possession over it.
Can my Neighbour build right to my boundary?
The party wall act allows an absolute right to build up to the boundary between you and your neighbour. It also allows you to build astride the boundary line, but only with your neighbour's consent.
How close to a property line can a fence be installed?
Check Rules and Regulations Typically, fences are installed anywhere from 2 to 8 inches from a property line in most areas. Some areas might allow to go right up to a property line, especially if you live in an urban row house where every inch makes a difference!
Should you warn your neighbors you're about to build a fence?
Yes! It is always a good idea to inform your neighbors that you are thinking about building a fence. Most of the time they won't oppose the idea, and may even show some appreciation for your home improvements! Some neighbors, however, can get pretty worked up on the subject of fences.
Can I paint my side of a shared fence?
When it comes to fence painting, you can do whatever you want to your side of the fence. So, if it is your fence on both the outside and the inside, then you are free to do whatever you like in regards to painting.
What do you put in between concrete driveway slabs?
0:467:21How To Fill A Gap Between Garage Floor And Concrete DrivewayYouTubeStart of suggested clipEnd of suggested clipFall early winter. And then you go through expansion and contraction which can start to break downMoreFall early winter. And then you go through expansion and contraction which can start to break down your concrete.
What should I put a gap between my driveway and garage?
Armacell notes that foam backer rod is a flexible rope that compresses to fill the gap, giving the sealant something to cling to. Use a putty knife to press it tightly into areas too narrow to push in with your fingers. The backer rod should fill the gap and make contact with the concrete on both sides of the gap.
What do you put in a joint driveway?
0:513:03DIY Repair Driveway Expansion Joints - YouTubeYouTubeStart of suggested clipEnd of suggested clipAnd you want to get some regular silicon waterproof caulk some half-inch backer you're probablyMoreAnd you want to get some regular silicon waterproof caulk some half-inch backer you're probably gonna want like a wire brush to clean out you know whatever you've got currently.
How do you finish the edges of a driveway?
Concrete FactsEXCAVATE. Dig a trench 1 foot wide and 8 inches deep along the edge of the driveway. ... Clean the edge. Snap a chalk line on the pavement, just inside the driveway's edge. ... Stake a line. Drive two stakes at the edge of the driveway, no more than 50 feet apart. ... Set the blocks.
Legal advice - placing a fence on our driveway - BRISKODA
Hello all, I'm looking for a bit of advice regarding a plan i have to place a fence on our driveway. Basically we live in a detached house, alongside which runs our driveway and directly next to it is the neighbours driveway. These are two separate driveways, being two separate pieces of concrete...
What are my legal rights when erecting a fence if the adjoining ...
In my experience, unless you can get your neighbour to agree to it then you will not be able to erect a fence on their property, alternatives would be to either lose an extra 4 - 6 inches of your drive and build it on your own property or see if you can pursuade them to allow you to build, clear definition of the boundary will help settle any disputes, also a property can not be sold if there ...
What are maximum heights allowed for fences between ... - MyBuilder
Within 3 metres of a road edge fences should not be more than 1 metre in height. Otherwise anything up to 6,6 feet is normally acceptable, any higher requires planning permission, but its weather any body reports you. in my erea all housing is meant to have open plan front gardens but every body has planted shrubs and put fencing up.
Can i put up a fence in a shared driveway - Legal Answers - Avvo
If you put the fence in the wrong place, at some point, you or someone in your family will have a problem. Either the neighbor will complain about it, or when one of the properties is sold, the purchaser’s title company or mortgage lender will complain.
What to do before building a fence?
Before a fence is constructed, verify property lines with a survey from your local government. You definitely want to avoid taking down a newly constructed fence because it encroaches on your neighbor’s property. When building a fence, always do your research and follow your state, county and neighborhood regulations to ensure smooth sailing.
Why are fences considered a right?
The American Planning Association (APA) writes that historically, fences were recognized by courts as not only a right but a responsibility for cattle ranchers and farmers to keep animals from trespassing on neighbors’ properties.
Why are aluminum fences taller?
However, open fences such as aluminum fences may be taller depending on location and municipality codes since the gaps in the fence allow for more visibility.
Why are front yard fences shorter than backyard fences?
Front yard fences are typically shorter than backyard fences to ensure driver safety. Tall fences around front yards could block drivers’ sightlines and create blind spots around corners and intersections, posing a danger to pedestrians.
How tall is a fence?
However, many fences share commonalities. Residential fence heights depend on whether they enclose a front or backyard. Front yard fences are typically 4 feet tall, while backyard fences usually max out around 6 feet tall, writes the team at The Fence Authority.
Can distance from street be changed?
Distance is also subject to change depending on the fence distance from street regulations, such as the type of street your property borders and if you have a sidewalk. Because of the wide variety of mitigating circumstances, it is always best to check with your local government to verify what is allowed.
Who handles fencing disputes?
Because of this, fencing disputes are handled by township committees formed by local governments. Many states handle their fencing laws similarly to New Jersey, while others may have different laws concerning residential communities as opposed to agricultural land or commercial lots.
Why are shared driveways built?
They are built partly because it is cheaper not to put boundary fences in, it saves on land and prevents arguments over ownership. But then consider practicalities. With a shared drive it is easy to have car doors wide open and still walk around the car with bags of shopping. or dead easy to get delivery trucks to park up. Split down into individual drives and this does not (normally) happen.
What is shared driveway?
A SHARED driveway is just that - The whooooooooooooooooooooooooooole drive is SHARED - So neither you nor the neighbour OWN any specific part of it - albeit it you might ASSUME the bit leading to your garage is your, and the bit leading to the neighbours is theirs - It isn't - The whooooooole drive is shared - In fact you'll notice that some houses "Share" a single driveway. You cant take ownership if it is in fact SHARED. Imagine you need to back a lorry back up to your garage to tow a car away, it should have access to the WHOLE of the SHARED driveway. It's like taking ownership of the road that just happens to end at your house
Is putting a fence down the middle a substantial interference?
Putting a fence down the middle would be considered a substantial interference. [FONT=Verdana, sans-serif]If the driveway really is shared, rather than just being a boundary without a fence, then your neighbour will have a right of way over the half of driveway you own.
Can you put a fence up if you have no right to pass over each other's half?
If there is no right to pass over each other's half, then you can put a fence up. If there is a right to pass over each other's halves, then you can't do it unless the neighbour also wants it ... and if either of you sell then the new owners could wave the deeds about and say "fence comes down because this gives me rights".
Can shared driveways lead to contention?
I have to say that shared driveways (shared anything) can lead to contention between neighbours and I avoid them for that reason - In fact we just turned down a our absolute dream home just because the COMMUNAL driveway was being occupied by a neighbour, where the car looked like it had been ABANDONED halfway up the driveway and directly outside the dining room window of one houses.
Do you need to read title deeds?
Oh and you would need to read your title deeds are to check that anything you do will not breach any rights your neighbour may have over your half of the drive.
Do you need to check the wording in your deeds?
You need to check the wording in your deeds and your neighbour's deeds and speak to the neighbours.
My neighbour built a 3ft fence in the middle of our shared driveway – now we hate coming home
A MAN dubbed the "neighbour from hell" has built a giant fence down the middle of the drive he shares with the couple next door.
One more drink will kill me - I'm an addict & I'll always have cravings, says Arg
Chris said neighbour Matthew Carter told them about his plans for the fence on December 6.
What is a good decorative border for a driveway?
Stone Border. Paving or edging stones, frequently used to circle garden beds and border pathways, make for a good decorative border. Your driveway may not need to be ripped up if it is concrete, as the edging stones can be laid directly over the top of existing concrete.
Can you put a stone border over concrete?
Paving or edging stones, frequently used to circle garden beds and border pathways, make for a good decorative border. Your driveway may not need to be ripped up if it is concrete, as the edging stones can be laid directly over the top of existing concrete. Contact a local stone mason or landscaping company and request more information about the cost of a stone border installation. According to Better Homes & Gardens, possible options include brick, poured concrete, plastic and steel, stone, wood and tiles.
Can you divide a driveway between neighbors?
Creating a divider between neighbors with a shared driveway can become necessary if your neighbor is frequently encroaching on your half of the driveway. There are many ways to create a divider between two neighbors with a shared driveway, but care must be taken to make sure the divider itself will be on your half before beginning the process.
What is shared driveway?
The first type is an access way, standing partly on one owner’s land and partly on an adjacent owner’s land, over which both owners enjoy a right of way. The second is where one neighbour owns the land outside another neighbour’s house.
Can a neighbour park their car on a shared driveway?
Neither neighbour has a right to park their car on a shared driveway, as such it’s something that must be worked out privately between both parties. There’s little legal protection on this issue as whichever way you slice it, your car will either be illegally parked or blocking a right of way.
Can you store bins in a shared driveway?
It’s largely expected that both homeowners will do their bit to help maintain the conditions of a shared driveway. However, it is worth noting that neither homeowner has a right to store anything in the area, such as bins. Storing of bins in this situation would equate to obstruction of the right of way.
Can shared driveways cause disagreements?
Shared driveways can lead to serious disagreements between neighbours. If your property is subject to such a disagreement it’s important to check your home’s deeds to clarify exactly who owns what. From that point onwards it’s all about managing relationships.
Can a driveway be shared?
It’s common for driveways to be shared if it is owned by one homeowner, but with another neighbour having a right of way over it. In these cases, it’s important for homeowners to recognise that their neighbour has a much greater right to the driveway, even if they don’t own it.
What to do before building a fence?
Before a fence is constructed, verify property lines with a survey from your local government. You definitely want to avoid taking down a newly constructed fence because it encroaches on your neighbor’s property. When building a fence, always do your research and follow your state, county and neighborhood regulations to ensure smooth sailing.
Why are fences considered a right?
The American Planning Association (APA) writes that historically, fences were recognized by courts as not only a right but a responsibility for cattle ranchers and farmers to keep animals from trespassing on neighbors’ properties.
Why are aluminum fences taller?
However, open fences such as aluminum fences may be taller depending on location and municipality codes since the gaps in the fence allow for more visibility.
Why are front yard fences shorter than backyard fences?
Front yard fences are typically shorter than backyard fences to ensure driver safety. Tall fences around front yards could block drivers’ sightlines and create blind spots around corners and intersections, posing a danger to pedestrians.
How tall is a fence?
However, many fences share commonalities. Residential fence heights depend on whether they enclose a front or backyard. Front yard fences are typically 4 feet tall, while backyard fences usually max out around 6 feet tall, writes the team at The Fence Authority.
Can distance from street be changed?
Distance is also subject to change depending on the fence distance from street regulations, such as the type of street your property borders and if you have a sidewalk. Because of the wide variety of mitigating circumstances, it is always best to check with your local government to verify what is allowed.
Who handles fencing disputes?
Because of this, fencing disputes are handled by township committees formed by local governments. Many states handle their fencing laws similarly to New Jersey, while others may have different laws concerning residential communities as opposed to agricultural land or commercial lots.