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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

My neighbour wants me to take my shed down

117 replies

emma071981 · 02/07/2018 09:49

The previous owners pur a metal shed on the side of my property over 13 years ago. I have taken the majority of it down and just lefy the framework and roof so I have access through my side gate and still have somewhere to store my daughters bike. The neighbour has came around this morning saying she is getting her house painted and i need to take the roof down so her decorator can paint her facia boards. Do I need to take it down?

My neighbour wants me to take my shed down
My neighbour wants me to take my shed down
OP posts:
MereDintofPandiculation · 02/07/2018 10:34

Though from worridmum's comment (crossposted) it looks as if our potential neighbour may have been pushing his luck.

SoupDragon · 02/07/2018 10:48

A right to access is surely not the same as requiring someone to remove a structure that is wholly on their own land?

IWannaSeeHowItEnds · 02/07/2018 10:50

So if you own the alley and the shed roof is not attached to her wall or straying into her boundary then she can't make you remove it. She could get legal access to your property in order to repair her own, but you would have the right to insist on reputable builders etc and that she clears up any mess. Where you might have a legal issue is if your shed is causing damage to her property eg damp. If she can show that it is, then I think you ought to remove it before relations get ugly. If not, then whether she likes it or not, it is your right to keep it.

bearbehind · 02/07/2018 10:50

Blimey, I stand corrected. Who knew! Blush

They surely can't insist on structures being taken down to do so can they?

FeelLikeAPlum · 02/07/2018 10:55

The general rule is that they make good any damage caused, so they can removed Op's "shed" but they have to put it back up again, assuming it isn't causing problems to their property beyond being an eyesore

ShatnersWig · 02/07/2018 10:55

@bearbehind We knew! This is why it's very important only to state stuff you truly absolutely know if there is anything remotely legal involved.

GabriellaMontez · 02/07/2018 11:02

Don't remove it. Why cant they paint the fascia with it there?

Rights to access neighbouring land doesn't include taking your shed down! Does it touch her house?

akkakk · 02/07/2018 11:07

They surely can't insist on structures being taken down to do so can they?

of course not - the rules apply both ways, so on that basis if the OP needs to paint her shed (but the neighbour's house is in the way), can she ask the neighbour to take her house down?! - and as for taking it down and making good - of course not - same logic, could she demolish the next door neighbour's house and then rebuild it?!

there are certain rights to access for maintenance - but they do not include destroying property! The neighbour will just have to work out how to do it without taking down the shed...

BigusBumus · 02/07/2018 11:07

If the alleyway/access is wholly yours then you don't have to remove it. But it is quite ugly, so perhaps it might be an idea for neighbourliness to remove it.

How about asking her, after her work is done if you can erect a roof made out of corrugated plastic roofing sheets, as a bike store. The wooden battens would have to be affixed to both your houses so you would need her permission, but it would look a lot nicer.

Original poster
emma071981 · 02/07/2018 11:08

She has said the decorator cant reach the facias and is not willing to stand on the roof like i have suggested as he is unsure if it can support his weight and can not afford to take time off work.

OP posts:
Original poster
emma071981 · 02/07/2018 11:10

As for it looking ugly. I only started to rip the panels and doors off yesterday so it is not completed yet.

OP posts:
ShatnersWig · 02/07/2018 11:11

@akkakk This isn't strictly accurate advice either: The neighbour will just have to work out how to do it without taking down the shed...

The OP COULD insist on the roof being removed so she can maintain her property BUT as a previous poster mentioned, it would need to be at her cost and she would need to put it back afterwards. That's under the Party Walls Act.

However, if as

ShatnersWig · 02/07/2018 11:12

Sorry, mistyped. The neighbour would have to pay for the removal and re-erection of the roof.

GabriellaMontez · 02/07/2018 11:13

She's bullshitting! As if the decorator can't reach a little way over a small shed! There are ways to get round it decorators deal with much bigger immovable objects. Scaffold if necessary.

ShatnersWig · 02/07/2018 11:14

But if that roof thing is causing the neighbour to have problems with damp, the OP has an even bigger potential problem, legally....

SmashedMug · 02/07/2018 11:15

I couldn't be bothered with the future hassle it would cause and would just take it down. I don't like things that attach to other people's houses like that or are built ridiculously close to them anyway though. I wouldn't want it done to my house so wouldn't want to do it to someone else.

Hereward1332 · 02/07/2018 11:15

As others have said, NDN has a right to access for maintenance, but in this case you are offering access so no problems. It's perfectly feasible to put up scaffolding or construct something to re-inforce the structure while the barge boards are being painted. It will cost more, but that's not OP's problem. Depending on how the roof is constructed, crawl boards on the roof should spread the weight sufficiently for a ladder and a painter.

TheodoreRobinson · 02/07/2018 11:16

Tell her you are happy for her to erect scaffolding on your property but you are not willing to remove the structure.

LimboLuna · 02/07/2018 11:17

That roof looks like it will provide a really handy area to store bikes, wellies etc. I wouldn’t give it up easily

GabriellaMontez · 02/07/2018 11:22

Are you on your own op? Have you recently moved? Any evidence of damp? Has she had damp since it was put up 13 years ago?.

Does it definitely not touch her house? Does water pour off on to her house when it rains?

I'm putting 2 and 2 together and think she sounds like a bit of a bully who hates the shed and sees the chance to try and get rid if it. By saying absolutely anything.

Id be wary of backing down over this because you don't know what her next unreasonable demand will be.

CelticPromise · 02/07/2018 11:22

We are the neighbours in a similar scenario. Shed is a pita but we wouldn't dream of asking them to take it down even though it causes us serious problems accessing the wall (much bigger shed). We asked for permission to put scaffolding over it and made good any damage.

Chocolatelavender · 02/07/2018 11:23

Why can't you just take it down while she is having her house painted and then when the work is finished put it back up? It would be the neighborly thing to do otherwise you're just making things harder for her. That's not helpful and one day you might need a favour from her. She's not being unreasonable. From your photo that shed does block access to some of her wall if she wants to paint it or to paint whatever it is she wants painted directly above it. If it's difficult to remove without help, ask her to help you considering that you're doing it for her.

GabriellaMontez · 02/07/2018 11:27

Imo chocolatelavendar The neighbourly thing to do would be for the neighbour to get some scaffolding for the decorator and not make it harder for the op.

henpeckedinchief · 02/07/2018 11:27

As it's been there 13 years I expect her right to ask for its removal has prescribed. I don't think you have any legal obligation to remove it.

That said, if you don't mind me saying so it is an eyesore! Maybe this is a good excuse for ditching it anyway?

akkakk · 02/07/2018 11:29

@shatnerswig
not sure how the party wall act applies?

The Act provides a framework for preventing or resolving disputes in relation to party walls, party structures, boundary walls and excavations near neighbouring buildings.

What does the Act cover?
Various work that is going to be carried out directly to an existing party wall or party structure (see paragraphs 4 to 20)
New building at or astride the boundary line between properties (see paragraphs 22 to 26)
Excavation within 3 or 6 metres of a neighbouring building(s) or structure(s), depending on the depth of the hole or proposed foundations (see paragraphs 28 to 30).

taken from the gov. doc here: assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/523010/Party_Wall_etc__Act_1996_-_Explanatory_Booklet.pdf

the OP says that her shed is not directly on the boundary, and there are no excavations being planned - therefore the party wall act should not apply...

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