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Property next door and building work - what do I need to know?

(4 Posts)
OublietteBravo Thu 31-Dec-15 11:27:04

The property next door is currently used as office space. They have applied for change of use to a dwelling, so presumably they plan to sell.

This property is built all the way up to the boundary with my property. I have access down the side via an alleyway, this is entirely on my land.

I fear they will want to erect scaffolding along this wall. As such, thus would block my access to my back garden, take up a considerable chunk of my garden and cause a considerable loss of privacy. Am I allowed to refuse access?

If not, can I insist that there is a formal legal contract in place governing such access?

wowfudge Thu 31-Dec-15 13:53:58

Scaffolding and affecting your access would be temporary whilst conversion works are carried out or for what purpose would they want to do this?

They can apply for a court order to get access to maintain the existing wall if you refuse them access, but isn't it better to be neighbourly? Negotiate alternative access provisions for you while there is scaffolding up, etc.

If, however, they want to do work to the place which isn't just maintenance of the side wall before selling you can always refuse them access via your property as that is your prerogative. They'd then need to take materials through the property and so on.

OublietteBravo Thu 31-Dec-15 14:13:39

We simply cannot have our access blocked. The bikes live in the shed, and we need them to get to school/work. The bins live by the back door. There is minimal space at the front - I can't fit both the bins and the bikes there.

It is likely the property will be sold to a developer. So the access would be for conversion of the property, rather than for maintenance. They can get round the back without accessing our property. This is via a shared driveway (there is a house behind the next door property accessed via this driveway). They are unlikely to be allowed to block this with scaffolding and I'm worried they might see my side as a 'solution'.

I've had a really bad experience in the past (I was renting at the time, so couldn't do much about it - the landlord agreed they could have reasonable access, and we had builders/tradesmen wandering around in the garden whenever they felt like it for 11 months).

wowfudge Thu 31-Dec-15 15:08:01

Okay - they have alternative access so they don't need yours. If you own all the land up to their wall on the boundary can you put a gate post in right next to their wall and fit a lockable gate? This will clearly show it's your land and access and not for all comers. If you get asked to allow them access along your alley way refuse because of your access requirements. You're not obliged to agree and any transgression, you go out and tell them they are on your property and need to move immediately.

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