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.

I think you should definitely say no!
15 missed calls is totally unacceptable!
Block their number!

Fuck. How are you intending to make a fast buck? What ££ advantage does saying no to their plans give you?

15 calls a day is harassment.

Just say no.

They are CFs!

Suggest an email if call to your council planning. My council references The Party Wall Act 1996. Not sure it’s technically a party wall as it’s not a shared wall … but If looks certain that there are Gov guidance for these situations. Not your cost at all.

Their ridiculous claims of “not their cost or responsibility” for anything is just wrong.

Also, contact your home insurance. They need to know if CF are in your garden and scaffold etc. If a CF falls off, into your garden, they prob sue you!

www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet#para_42

This...

I've lived in three separate rentals where neighbours scaffolders just didn't remove scaffolding....

Our landlord agreed... We lived with one lot for almost two years(they told us 12.weeks)... Massively disruptive with no benefit for us...

It was always 'next week'.

I would not agree to this.

Your neighbours are giving you their problem to solve...

What is the Access to Neighbouring Land Act 1992 (ANLA 1992)?
ANLA 1992 is a piece of legislation in the United Kingdom that allows property owners to access their neighbour’s land for necessary work on their own property.
What types of work are covered under ANLA 1992?
ANLA 1992 covers essential work such as repair, renewal, or maintenance of buildings, drains, sewers, pipes, and cables, as well as tasks like clearing ditches or removing vegetation.
What is the process for obtaining access under ANLA 1992?
Property owners must demonstrate to the court that the proposed work is necessary for preserving their land and that it would be impractical or significantly more challenging to carry out without accessing the neighbouring property.
Are there any limitations to obtaining access under ANLA 1992?
Access may be denied if the proposed work interferes with the neighbour’s enjoyment of their property or if it causes hardship to the neighbour.

Bloody hell OP I've read your update and am absolutely astounded at their nerve!

Tell them a very short NOT HAPPENING.

No scaffolding on your property AT ALL.

Even if they retracted their recent Batshittery and offered to pay you for damages and inconvenience I'd still say NO.

Who on earth do they think they are?!

I've never heard the like.

If they persist in bothering you I'd complain of harassment to the Police. Seriously.

Be prepared to repel contractors . Perhaps put a sign up stating to permission has been given for any scaffolding on your property.

Mumsnet seems to outdo itself constantly with CFers.

Bloody batshit.

Wtf.

How rude! I would just reply, ‘I’m not ‘making a fast buck’ or being dreadfully selfish but I am not prepared to have scaffolding in my garden so that you can have some cosmetic work done on your house. I don’t give permission and it won’t be happening.

What a pair of chancers!

This.
Happened to me but for work on my own house.

Always “ next week” and you can’t do a thing about it.

Re CFN, find out the legalities first.

Its only cosmetic work too, so it’s not essential.

Continue to communicate in writing only. That way you have a record of their cheeky fuckery which you can show a lawyer.

Wow. They have clearly stated that they want all the benefits and none of responsibility. Unfortunately for them they are probably correct that they would normally have little control over timescales, etc. That is not your problem to resolve though.

I am not sure how they think that all of this inconvenience to you with absolutely no gain gives you a financial advantage.

This is one of the few times where I agree that No is a complete sentence. They are the ones who need to take action if they want their work to go ahead. You have no responsibility to assist them.

At least if they do manage to gain access via a court order it will have specific requirements and financial penalties for not adhering to them.

If it’s cosmetic I’d just reply something like

Thanks for clarifying. As I’m not obliged to have scaffolding on my land to allow you to carry out a cosmetic improvement to your property, I am not inclined to pay towards any costs incurred, whether that is for extra scaffolding or damages or the inconvenience of a job going on longer than expected. If you’re unwilling or unable to do so either, then I will not to providing permission for access or any part of the scaffolding on my land.

Yours etc

That's so unbelievable! How rude.

This.
Get a camera out your back and have it trained on their house.
I know of an end of terrace house who allowed access and they made absolute shit of the widowed owners garden despite promises in an agreement to take care.
Her nephew solicitor filleted the contractor for a new fully redone garden.
It has been remedied but the stress was absolutely horrendous.

They could well be trying to pull a fast one, be very suspicious.

Ask about as to what they are like.

My understanding is that they are allowed access for maintenance, and this may come under maintenance ie if it is repainting. But that does not mean they can do it without an agreement in place, and they must make good any damage, including to your tree/seating. They should pay all costs. They need to compensate you financially too, for inconvenience and affecting your privacy. I would get legal advice and proceed with caution.

"...and this may come under maintenance ie if it is repainting."

If it's purely for cosmetic reasons as the OP mentioned above then no it doesn't.

In contrast, if the wall was rendered for example and the render had either blown or otherwise needed work on it then that would count as maintenance.

And use another device to save a recording of any voicemail messages as well as saving them yourself.

Their reply tells you all you need to know! It's probably worth putting it in writing that they don't have permission to use your land.

I would not allow scaffolders onto my property they appear to have attitude, also your neighbour should check their insurance as ours covers accidental damage to our neighbours fencing and property, so they need to check theirs not yours, and what public liability do the builders have I would ask details infact I would just say bugger off . Or they buy you a new tree , they are about 6 hundred to a couple of thousand depending on age.I do know this as I have bought one in that price range .

Oh, well they've certainly told you who they are! Best to know up front. Neighbour relationship is dead in the water from the off set. Thank goodness, that's saved you no end of time, heart ache and legal expense. You immediately know where you stand and what your reply will be. "NO" short and sweet. No explanation or wasted, argumentative energy required. Please listen to them, they're not hiding anything about their character or intent. Now is the time to shrug off their ridiculous demands and enjoy your new home.

They have transcended the Cheeky Fuckers title are are officially Cheeky Cunts. What unreasonable twatty morons they are, they can fuck right off.

I'm so mad on your behalf 😂

Wow their email sounds like they’re doing you a favour!

Make sure you email back, so that it’s in writing, that you do not allow them to erect scaffolding on your land for cosmetic work.

Good luck & please keep us updated!

I looked at the time and thought they were just up a bit late! 😆

Please say no! How ridiculous of them

I’m in gardener but the one thing I do enjoy is olive trees, I have several in my garden costing between £200 and several thousand pounds for my largest few. They won’t be moved, ever, for anyone.

also beair in mind 90% of scaffolders don’t own any premises, ie they don’t have storage. The customer is their storage yard, they’ll leave it in situ until they need it for another job. It could be there a very long time

I’ve only just seen the photo. That olive tree is young, and should be moved. Now ay should it be that close to a wall and the planter it’s effectively in, it part of the bench, is tiny in comparison to its needs.

you neighbours aside, get that tree moved, it’ll die where it is anyway and possibly damage the neighbours property in the meantime