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AIBU about neighbour not asking permission before workman come into my garden?

(22 Posts)
HarlotOTara Thu 10-Sep-09 15:20:03

Neighbour is having work done to their porch. Opened the door this morning to find a workman in my garden because he has to come to my side to do something to neighbour's porch. All wires to internet, phone etc. are hanging down and crap all over the path. My geraniums and a garden chair have also been moved and I feel quite pissed off. Workman has assured this will all be rectified. Getting in and out of the house is a pain as there is plastic stuff all over the path. Would it not have been polite for my neighbour to have asked if this is alright? Also am I within my rights to say they should bugger off? I won't but would like to know I could. Neighbour has been out most of the day so I haven't seen them. I would like to think of a cutting but polite riposte for when I see them - or would a note suffice.

This is not the first time things have been done to my house by my neighbour. A mysterious wasp nest was removed a few years ago whilst we were on holiday. When we returned we were presented with a bill for said removal which we didn't pay. As the wasp nest was allegedly on the second floor of our house where my dd's bedroom is I am sure we would have been aware of a nest (have been in the past as the wasps have been in her room). Alleged nest was also on the corner furthest away from neighbour's house.

Soory for the rant but feel better already.

diddl Thu 10-Sep-09 15:25:37

It would have been polite, wouldn´t it?

TBH, I also think the workman should have asked before moving stuff.
It´s not as if he was just coming to see how work looked from your side.

Have you got a gate that you can lock? wink

HarlotOTara Thu 10-Sep-09 15:27:48

I have a gate which was left open - not good as I have a dog! The thing is the work needs finishing or I will be looking at crap but I feel most put out

Tillyscoutsmum Thu 10-Sep-09 15:30:27

YANBU - extremely cheeky and rude of your neighbour. You would be well within your rights to tell them to feck off (they are actually trespassing) but, as you've rightly stated, its in your interests for the work to be finished. Bloody annoying though angry

LadyStealthPolarBear Thu 10-Sep-09 15:31:49

YANBU but I think the workman should have asked rather than the woman - bet she wouldn't even have known.
We're in a similar situation - work needed doing to fix the roof so they pt up scaffolding in next door's garden! shock Wasn't sure what to do as next door is friends with the roofer and recommended him to us - maybe he asked??

HarlotOTara Thu 10-Sep-09 15:38:49

Oh I think neighbour knew - I have spoken to the workmen and said it would have been nice to have been asked, he said he thought my neighbour had cleared it.

scottishmummy Thu 10-Sep-09 16:37:06

cheeky she should have asked your permission

MillyR Thu 10-Sep-09 17:20:52

I don't know for sure, but I thought you were legally entitled to go on to a neighbour's property if if was necessary in order to carry out work on your property. I have been told that by quite a few people, but I am not a lawyer. We cannot access the back of our house without going on to someone else's land, so workmen/window cleaners etc do go on the land.

It would be polite for your neighbour to tell you in advance though.

TheYearOfTheCat Thu 10-Sep-09 17:34:13

MillyR, I have never heard of that before, unless there is a specific mention of it in your deeds. I am pretty certain that anything otherwise is trespass.

I had this recently when a workman came on to my property and started doing work on the neighbour's house. I think most people agree that it would not be a problem, but it is taking an absolute liberty to do it without asking first.

I closed the automatic gates and locked him in. He was quick enough to knock the door then grin.

Does your neighbour know that the workman would have needed access to your property? If so, she should have asked.

mazzystartled Thu 10-Sep-09 17:34:16

Yes, of course she should have asked.

Pyrocanthus Thu 10-Sep-09 17:36:06

Yes, very rude. Especially with the gate being left open. Have a polite word with the neighbour to the effect that you'd have appreciated being asked and that if the workmen have to continue working on your side please would she ensure that they close the gate when they finish. When they have finished, get a bolt on the gate for future reference. If she says she thought the men had asked, then accept that and she'll get the point anyway.

LadyStealth: best nip next door and have a word before you get posted on here.

mazzystartled Thu 10-Sep-09 17:39:20

As I understand it neighbours do have a right to reasonable access if hte work is essential, but they should apply to you for permission with a good bit of notice.

I would be extremely irritated by your neighbours highhandedness. And yes I'd google it, get clued up and write her a polite note.

dinkystinky Thu 10-Sep-09 17:43:54

She should have asked and she should pay for any repair work that is needed to your garden. And the workman should have asked too. YANBU.

Rosesinautumn Thu 10-Sep-09 17:47:38

You are required by law to give workmen access to your property to allow them to do work on a neighbours property. It is not trespass I'm afraid but the neighbour should have given you reasonable notice beforehand (and if I'm not mistaken, if the porch comes within 3 feet of your house then she should have informed you of her plans a month before the work started). Oh and neighbour is liable for any damage done to your property by the builders. It's all to do with the party wall act.

Your not even remotely BU for being annoyed at her. V.rude.

Tillyscoutsmum Thu 10-Sep-09 18:29:01

Whilst there is an Access to Neighbouring Land Act whereby a court could (and would) grant a court order for access - it is still trespass for them to access your land without your consent or a court order.

Most people don't need to resort to formalising access via a court order - they simply speak to their neighbour and the matter is agreed between parties - but to just start work without mentioning it is beyond bloody cheeky

crokky Thu 10-Sep-09 18:37:27

You sometimes are allowed on neighbouring properties I think. I live on an estate of 300+ houses and there were rules shown to us when we bought the house.

In our current place, we have the right to go next door to fix the soffits/guttering. Recently we needed to so we asked them and they said OK and it was fine.

Our last place needed some work on the roof and the neighbours would not allow part of the scaffolding on their property (a side path) so it made it much more expensive for us to get up there another way. I thought it was really mean of them as they had no reason, just that they didn't want to.

It is extremely rude to go on someone's property without asking, especially if there is mess to be made. In the OP's position, I would have like to have been given the chance to move my stuff myself, rather than someone I didn't know and hadn't employed just do it.

I would say to the neighbour, "please could you let me know in advance if workmen need to come on my property in future because it has inconvenienced me"

HarlotOTara Thu 10-Sep-09 19:24:09

We are semi-detached with porches adjoining and a shared brick wall bit to the porch(Edwardian houses)all the cables which were fitted along the wall now hang over our side in a mess. I will say something - or probably DH as he is more reasonable than me and has knowledge of building. However the last laugh is on them because we have a shared soak-away for when it rains and they have now blocked it from their side so that when it rains heavily there is nowhere for the rain to go.

Maybe I won't throw the kids balls back when they come into our garden grin

carocaro Thu 10-Sep-09 19:26:32

before you go shouting the odds, did the neighbour know the workman had done this? or were they out all day too?

zipzap Thu 10-Sep-09 20:27:23

I don't know about the legalities but it seems other posters do.

however, you would have thought that politeness would have made them ask - and that you could have said if there were any times that were particularly convenient or inconvenient. What would have happened if you were going to have a party that day and wanted your garden all nice and path all clear? Or if you had just spotted movement out in your garden and thought you had a potential burglar and rung the police?

surely it is just the neighbourly thing to do?

hope that they really do put it away exactly as they found it; if you had known they were coming you could have take before and after pictures to check!

donkeyderby Thu 10-Sep-09 21:26:40

When we had work done on our house, our builders went into the garden next door. Our neighbour was rightly pissed off and I had to smooth things over. I had no idea the builders had gone over. Very rude

hambler Thu 10-Sep-09 22:22:48

my neighbour's builders used our garden as a short cut and the neighbour had no idea they were doing it

Neighbour gave his builders a right telling off

katiestar Thu 10-Sep-09 23:09:04

It depends what your title deeds say.Ours says right of access for maintenance work.Would have been polite for the tradesman to knock on the door and let you know though!

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