Are my neighbours being unreasonable?

[PawsAndReflection]

Hello!

We've recently bought a new house and our neighbours at the end of our garden are looking to redo the outside of their house.

They came by today to ask for permission as the work would require scaffolding in our garden, and were surprised to find seating and an olive tree in the area.

They've asked if we can move the olive tree and seating in order for them to have the work done, but I'm a little concerned about moving such a big tree. Does anyone have experience with this?

They were making out that it really wasn't a big deal but I've been researching it and it seems not quite as simple as they're making out.

Tell me they cannot move the tree, it's yours in your garden, tough luck for them.

Disregard my last post about communicating nicely, as I hadn't read the whole thread and your update!
CF's indeed!

"Dear CFN, given your update I won't be giving my permission. I'm sure your builders will find a solution. Regards."

I think you're being a bit unreasonable. The benches look very basic, I think I'd want to remove those anyway. The tree needs repotting too, it's vastly overgrown the space its in. That said, this is work (removing the bench thing/repotting tree) that you might not have budgeted for in the short term.

I have no idea where you stand legally, however I expect you'd be required to allow them reasonable access. I don't think they're being cheeky per se, just a bit reactionary perhaps.

Given your updates, I would just send a note back saying - “No” block them and tell them to stop harassing you.

I quite agree that you shouldn't have to incur any expense or in inconvenience for them. However as a gardener I have to say that that tree urgently needs moving, it needs to be much further away from the wall, at least 2m. In its present position its probably already dieing and if not its not going to be before it interferes with their foundations. That would be your responsibility and likely a very big bill

"Dear neighbours,
Usually in a situation like this it would be a short "no" answer.
But given your emailed reply and clarifications on matters, I answer is "noooooooooooooooo".
Regards,
Dodging A Bullet"

I live in block of flats we had scaffolding up for 18 months when contractor doing work to windows went bankrupt.

No is a full sentence OP. You don’t need to give your permission for anything. P.s. what a beautiful tree.

It's their house, absolutely every cost should fall on them, scaffolders, contractors, legal work, compensation. And given they have shown in writing they don't get this I'd say no unless they have the legal right, which they may do. We had work done to our house, it dislodged some of the neighbours chimney lining, I got it cleared, it's what you do. He offered to go halves, I said no, they'd put up with our build for long enough.

Based on the replies you got to the questions you asked the answer would be a definite no.

If you still feel you'd like some more advice have a look at the 'garden law forum' online, there are some very knowledgeable people on there that know how to deal with these types of neighbours.

They sound awful - glad you've managed to dodge that bullet! What on earth are they thinking?!

I didn't know our neighbours had secretly bought a house next door to you, OP! People like this are paragons of entitlement, and projection - the nerve of accusing you of taking advantage. I've found the only way to deal with people like this is to refuse to interact with them in any way whatsoever. This is their problem to solve, not yours.

I wouldn't call the police but I would thank them for elaborating but that it all sounds a bit too risky for you and so you can't agree. You appreciate this may be disappointing but you have carefully considered the matter and you won't be re-visiting your decision.

If it is possible for entry to be gained to your area, then I would now look into blocking that entry, possibly with a padlocked gate and a no entry side-just in case.

Absolutely no way

Hmmm...

I think this is difficult.

In theory you should not be growing anything that infringes on their property.
It's quite tricky as their boundary wall is in your garden with no separation.

They do have a right to decorate their house and in theory you should not plant anything that impedes that.

I think that legally, you would be told to move the tree to give them access.

We had a different issue whereby the builders of our house had planted a tree at the end of our garden. (We weren't buying from new so it was here already.) It was quite close to a neighbour's house. But with a 6 ft fence separating us.

We received a formal letter from the neighbour's solicitor saying the tree was causing subsidence. We had to have it removed at our expense.

Since then, we have grown smaller shrubs but were still required to cut back overhanging branches that were 'staining' their rendered wall.

I think you are slightly in the wrong here for planting so close to the neighbour's house wall.

I’d tell them to bog off. Massive inconvenience for no gain

Every cost should be on the neighbours, get a legal contract with a fixed start and end date with penalty to pay for each day they go over. We had scaffold up on our house once it was meant to be 5 days only and it ended up being there for 5 months. Don't let them bully you.

But it is infringing on their property.
Before posters kick off here, it's worth considering the legalities.

Where a house wall is the boundary with no space or fence in between, there should be some guidance in the deeds about what can be planted close to the house wall.

They really are CFs! I was about the suggest a scaffolding tower would be a better option (it’s temporary, and usually ok for painting / rendering which is I guess what they want) but terrible attitude from them.

I was wondering that, too. Also, if the wall of the house straddles the boundary, could it possibly be a party wall? A chartered surveyor (RICS) could solve that question.

At this point you quite simply say no you will not allow access and they will have to find another way. Tell them you will not discuss it any further.

Yes, you need legal advice.

Yes, solicitors will handle this. Look for one dealing in boundary disputes.

My guess is that you have to allow reasonable access so they can maintain their house.

Have you checked the deeds that come with your property?

You may find there is a clause about what you can do and can't do with regard to your garden butting against the neighbour's wall.

This could mean you shouldn't plant or construct anything fixed/ permanent that impedes access or their right to maintain the wall.

Tell them to f-off. It’s your property and you do not give consent. It’s their issue not yours.