Accessing a deceased neighbour's garden?

[slev]

Our neighbour died a few months ago and his house has remained empty since - we only found out from other neighbours and haven't seen anyone going in or out (although we're out all day so not inconceivable that people have been round, but in the past he didn't seem to have a huge number of visitors, other than his stepchildren coming over periodically to help tidy the garden - but only once or twice a year).

Anyway, in his garden is a huge eucalyptus tree which needs pruning - in the past, we've paid to have this done (as it's in our interests too and I don't think he could afford to pay for it himself) and he's just allowed the tree surgeons access through his garden. In addition to this, the boundary fence (which is his) is falling into our garden - we've had people round to look at putting in some concrete posts, but they've said they can only do this if we remove some of the ivy on his side of the fence as it's the weight of that which is pushing it over.

So ideally we'd like to get both these things done (and in the past, would have done - there's never been an issue agreeing them with our now deceased neighbour) - happy to pay for it, but the issue is agreement and access as they're both technically next door's. I'm assuming the house will get sold at some point but it really is in disrepair so the next of kin may choose to hang on to it in order to do it up - no idea.

How would I find out the next of kin to ask them? I could put a letter through the door but as I said, I haven't seen anyone going in so it may just sit there for ages with all the junk mail. Or am I being completely unreasonable and I just need to wait for someone to move in - whenever that may be - and if the fence falls down in the meantime, that's just tough.

Sorry, that was a bit long - just trying to anticipate any questions!

Hmm - fine to take responsibility for the eucalyptus when he was there to agree it but now there are new owners (whoever he left the house to) you'd really need their permission. And I definitely would not take on responsibility for the fence - don't set a precedent of paying for repairs on that.

Might be worth posting a letter to the house addressed to 'the owners' then if they've put a postal redirect on it it will find its way to them.

I did wonder about that - but I thought when you redirected mail, you had to give a name? And I'm not sure "Fred that lived next door but I never knew his surname" will work....

Might give it a try though - as you say, it's the next of kin we need permission from, we just don't know how to find out who they are. In terms of paying - I'd rather not, but I can't force them to repair the fence themselves and a bit like the tree - it's in our interests to do it so if that's the compromise, I'd rather that that have the fence collapse into my garden!

I would put a note through the door addressed to "The Executors". The house will have to be insured and a condition of insurance for most unoccupied properties is that it has to be checked at least every 14 days. I know this because I am a probate lawyer and I usually have a least a couple of properties on my books that I have to check every couple of weeks. It's part of my job to do this so I go during office hours. Even once all the post has been redirected I still go to collect the junk mail and check that the property is secure, no leaking pipe etc. I would be very surprised if no-one is visiting it regularly even though you may not have seen them.
If this bring no joy then you could check the Land Registry to find out the owner's name ( assuming the property is registered). Will cost you about £4 to do that. Then you could apply for a copy of the grant of probate ( cost £6) and this will give you the name and address of the executors who you can then contact directly. Bear in mind that if he only died recently then probate may not yet have been obtained but you can put in an application for a standing search at the probate registry so that you are notified once a grant has been issued.

Hope this helps.

A search of the electoral roll held at your local library may also give you his name and there's no charge.

Leave a note any way, but you could also try contacting local firms of solicitors to see if any of them are handling the affairs for the late owner of . Because the Data Protection Act only applies to living people they should be able to say. Then once found you can give them a letter to pass to the executors of the will.

Incidentally it may not be the next of kin who are executors or even beneficiaries of the estate.

Thanks everyone, and poshfrock that's really useful to know people must be going round - I'll try the note through the door and see what happens.

I don't want it to be a huge mission, just would be nice to get some sun in my garden this summer - which won't happen unless the tree gets pruned - it currently blocks about three gardens

Oops, posted too soon. Anyway, was just going to say I don't want to be unreasonable about the whole thing in case anyone thinks I'm being heartless, just suspect it wouldn't be a big deal to the next of in so would rather get it done in time to enjoy the garden this summer if that's an optimal.

Thanks all.