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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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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

OP posts:

Hereward1332 · 02/07/2018 11:30

Chocolate the house is built right up to the boundary line. While you can claim access for maintenance, you have no right of access for cosmetic enhancements. If you want that, you have to leave enough space when you build. OP has stated that the metal frame is welded together so not easy to take down. NDN is being unreasonable demanding destruction of OP's property (and no offer of rebuilding) for the cosmetic (and possible maintenance) of her property.

Wellthisunexpected · 02/07/2018 11:33

If it is not attached her house and is fully on your land, then no, you do not need to take it down. The painter will have to find some way of painting around it.

SoupDragon · 02/07/2018 11:34

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?

The OP has said it can not be taken down and put back up as it is welded together.

ShatnersWig · 02/07/2018 11:36

@akkakk Apologies, I somehow missed the bit about where the boundary was. You're quite correct of course.

I'd still be concerned, legally, if that roof thing was the cause of damp in the neighbour's property. Legally, I think the neighbour could do after damages and remedial work if she can prove it

Chocolatelavender · 02/07/2018 11:36

Sorry Op, I took a long time writing and a lot more has been posted since I started writing my previous post. From what you've written you can't easily move it or take it down so I take it back. From the photo it looked to me like you could just undo some bolts. If that's not the case then scaffolding looks like the best option. Though where would she and you stand if they were painting the whole wall?

Hereward1332 · 02/07/2018 11:39

Off topic, but if the house wall is the boundary, doesn't the guttering overhang your property? Is it possible that the boundary is actually a few inches over, and that the shed is encroaching?

akkakk · 02/07/2018 11:44

@ShatnersWig it was easy to miss and the photos do appear to have the shed in contact with both houses, but the OP is sure there is a gap - so...

I suspect that the neighbour simply sees it as a way of having the shed removed - any decorator worth their salt can paint fascia boards with that still there...

MoonsAndJunes · 02/07/2018 11:44

You don't have to take it down. You have to give her access though.
She can put scaffolding up around it. But I'm sure she doesn't want to - it will cost ££s more than a ladder.

BossPeeBeePee · 02/07/2018 11:48

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

BrendasUmbrella · 02/07/2018 11:50

There's no painter! Or if there is, it's something she has organized simply to push you into taking that roof down. Did you meet him/her when they came to look at the space?

allflownthenest · 02/07/2018 11:52

emma071981

My DH is a building surveyor and yes you need to provide 3 feet to a neighbouring property to allow for repair and maintenance to their property i.e scaffolding to be erected. The same goes to them for repairs and maintenance to your property.

SmashedMug · 02/07/2018 11:56

Looking at the pictures again this must be the loosest use of "not attached" ever. Might not be drilled in but it's practically (actually?) leaning on their house and the roof bit looks like it's joined or got some sort of sealant on it between the roof and their house. It's touching her wall at the top 😂

ShatnersWig · 02/07/2018 11:59

Well, yes, Smashed, I don't see this mysterious 2 cm gap the OP mentioned where a painter could get his brush in to paint every inch of the neighbour's wall.

Dungeondragon15 · 02/07/2018 12:08

It seems quite likely that you do need to provide access if it is needed to repair and maintain a property. If you really want to keep it, ask a solicitor/conveyancer but you will have to pay.

Mummyoflittledragon · 02/07/2018 12:09

Why should you destroy your property so that she can pay someone less to go on your land to paint the side of her house? Taking th3 shed down when yo7 want it up is subsiding her. Cheeky mare.

akkakk · 02/07/2018 12:12

@allflownthenest

where does it say that you need to remove / demolish permanent structures to provide 3 ft of clear space? There are plenty of housing developments with 'detached' housing less than 3ft apart - do you need to demolish your house so that they have access?! :)

@SmashedMug / @ShatnersWig - we have to assume that the OP's photo just don't show it very accurately - because I would agree, it appears to be connected - but shouldn't be an issue anyway - neighbours do not have rights to destroy / remove permanent buildings - even if planning to rebuild them (would you allow your neighbour to choose how to rebuild your shed / building?!) the various legislation allows the neighbour to put scaffolding on a flowerbed / remove a fence panel etc. - not do wholesale demolition!

and the OP says they want to paint the facia boards - not the walls...
the OP is absolutely fine to allow scaffolding on her property and to expect the scaffolding to go around / over the shed - fascia boards can then be painted... yes, it will cost the neighbour more, but the neighbour has no right to expect a permanent structure to be demolished just to save money...

really this is a non-story, OP to neighbour - "not a problem if you want to put up scaffolding (and make good afterwards), but sorry, I am not planning on taking down the shed... do let me know your plans before anyone turns up, otherwise I might not be in a position to give them access..."

StaplesCorner · 02/07/2018 12:12

If you go on the Chartered Institute of Surveyors website you can get a free telephone consultation on stuff like this, then that's all the oh no it isn't oh yes it is sorted out.

Jaxhog · 02/07/2018 12:12

Why not take it down in return for her agreement that you can put it, or something similar, back up? That she gets access and you get proper permission to have it there.

Jaxhog · 02/07/2018 12:14

Or even agree that she can have it taken down herself, provided she puts it back up?

Tara12 · 02/07/2018 12:15

you know you do. end of.

GabriellaMontez · 02/07/2018 12:15

Jaxhog she doesn't need her neighbours permission to have a shed on her own property.

allflownthenest · 02/07/2018 12:20

akkakk

There is probably provision made in the deeds to the property. The Shed is later addition. Contracts allow for neighbouring properties access to repair and maintain their properties and painting the fascia boards is definitely repair and maintenance.

mummytippy · 02/07/2018 12:25

Can't scaffolding be erected if the shed is preventing work being done by a ladder?

If it were a conservatory you wouldn't be expected to take that down.

llangennith · 02/07/2018 12:27

Of course you don’t have to take down the roof of the old shed!
Up to her builders/decorators to find a way round it. Surely ladders on your path either side of your shed roof and a plank along the top between them will suffice?
As op said, she just wants you to get rid of it altogether.

akkakk · 02/07/2018 12:28

@allflownthenest

it is surprising how many properties do not have such details in the the deeds - probably the vast majority of housing stock up to a certain age...

contracts is probably the wrong word - there is generally no contract between neighbours... even where legislation requires you to allow access for repair and maintenance - that does not include demolishing buildings!

And all of that is speculation / irrelevant - because the OP can easily allow the neighbour's decorators to put in scaffolding which can go over the shed - job done - she is under no obligation to make life harder for herself simply to make it cheaper for the neighbour...

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