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Legal matters

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Neighbour request to come on my land for repairs

42 replies

Annette32123 · 01/03/2022 22:33

Wonder if anyone has knowledge of the legal situation here. Posted earlier in property but folk there suggested posting here in legal.

Difficult neighbours - more than ten years of general hostility and awkwardness, so we have no inclination to be helpful.

They need (and have the right according to the title deeds) to come onto our property to do repairs to their property they can’t easily access from their side - the house is close to the boundary fence.

They turned up unannounced demanding access immediately on the day a couple of months back so we refused - it was the middle of a working day, it wasn’t an emergency and they disturbed us during WFH multiple times through the day despite us saying no the first time and making them aware that we were working and send their workman around rather than bothering to approach us themselves which didn’t help! No discussion beyond that since.

Now they have informed us they want access, with seven days notice. Which is more reasonable.

They have not needed access in the decade we have lived here.

However there are two issues:

  1. To access the area needed, a large greenhouse would (potentially) need to be moved - though someone in property suggested just removing the roof glass so that’s also a potential solution which would be easier
  2. We work Mon -Fri and can’t take annual leave on a few days notice

So in regard to 1) above, would they need to arrange dismantling, moving, re-erecting at their cost? And should we ask for evidence of insurance from their workmen to cover any damage, before allowing access? Are we required to allow them to dismantle it at all?

And in regards to 2) above, can we reasonably ask either that the work is scheduled for a weekend or evening? If not, can we reasonably ask for a longer notice period to allow one of us to book time off work? Should we expect to be compensated for the time taken, as we would need to oversee the workmen throughout to ensure there is no damage? I’m not comfortable leaving people to ‘get on with it’ - we have expensive garden tools and so on that could easily be stolen and I would never leave anyone not known to me unsupervised.

The relationship with the neighbour is already appalling - could write a book and obviously believe we are the more reasonable party! - so preserving any semblance of cooperation isn’t really relevant - they commenced hostilities within weeks of us moving in, so we don’t feel at all bad if we are seen as ‘difficult’ now that they need us to cooperate with them. Indeed it might make them reflect on their historic behaviour - though I doubt it! Any insights into what we are legally required to do would be appreciated.

Thank you!

OP posts:
Annette32123 · 02/03/2022 18:35

@averylongtimeago

And it would have the benefit of costing your neighbours more money....
Sad times……Wink
OP posts:
Kazzyhoward · 02/03/2022 18:37

@thatsnotabadger

The bit I don't get here is why you'd need a day's annual leave? Is it not a case of giving them access then leaving the builder to it? This has been the way when 2 of our neighbours have accessed our garden for improvements to their own properties.
I'd want to be in and keep an eye on any workmen on my property. You simply can't trust them not to break/damage things and when they do, if you're not there to flag it up they'll deny it was them and won't repair/replace.

Only last week a neighbour's tree surgeon dropped a huge branch on our fence which damaged it. We went straight out to talk to them about it and they still tried to deny it was them, saying it was already damaged, despite the huge branch literally lying on it! Luckily, we had photos of our fence from a few weeks ago, when one of the same neighbour's other trees fell into our garden, clearly showing the fence in good condition, so they reluctantly agreed to replace the damaged panel.

BestInterests · 02/03/2022 18:43

You need to be provided with the tradesmans public liability insurance details I believe. My dad refused access for years on the basis the neighbours workmen didn't provide it. Ended up in court, told he was right (but caused the entire situation with his approach - whole different thread Grin). I think they're required to provide details of a certain amount of public liability insurance level?

Sparticuscaticus · 02/03/2022 18:45

Hopefully you've had some good advice on here as well as from previous thread in Legal. Super ideas about suggesting they remove fence at their cost but make sure you put in they need to refix it within 72 working hours ... or you could end up with gap for ages...

Can you buy bubble wrap for around your expensive large terracotta pots that you can't move and also get a small cctv blink type camera - they really are only about £40 off Amazon and a godsend for using in the house facing outwards in the window for whatever is needed. Perfect for this.

Sparticuscaticus · 02/03/2022 18:49

I wouldn't expect to dismantle a greenhouse nor a garden building- I'd expect the builders to erect a a tower scaffolding to go above the greenhouse and to protect it. Takes lots of photos/ a video on morning of...
no way is it your responsibility to move a greenhouse!!! It's on your property - this isn't shared land!

I wouldn't be happy with taking panes out and then propping a ladder up-

You can ask for their proposals in writing regarding the work as you will need details since it will interfere with your greenhouse - I wouldn't accept 7 days notice until they have provided all of the details for the work and "impact assessment"

I'm sure someone else whose a builder on here from a bigger firm might be able to say. You don't have to agree if they haven't provided sufficient information of the proposed work and arrangements of how they will work around structures already on your land

LaurieFairyCake · 02/03/2022 18:55

I wouldn't 'DO' anything for them apart from give them the required access - I wouldn't move one thing in my garden!

You're entitled to have your garden ANY WAY you want it - giant pots and greenhouses are fine.

They have to not damage anything and pay for it - I wouldn't let them in without an undertaking to do just that - and yes, I'd want to see proof of public liability insurance from any work people

Dindundundundeeer · 02/03/2022 21:51

Public liability insurance

Full written scope of work, process and timescale.

Full pre work survey to establish condition of area in work

Written agreement to rectify any damage

I’d also require a court order, which they will ONLY get for maintenance and not improvements.

IF they have an easement, then you’ll not want to go to court as you’ll get costs against you. The other steps are reasonable.

Suzi888 · 02/03/2022 22:20

I don’t think you have to allow anyone access by law, they just have to work around it. Could be wrong…

SeasonFinale · 02/03/2022 22:26

[quote ICouldBeAnyone]I don’t know about the legalities but, if I needed to go on a neighbours property to carry out maintenance on my home, I would consider a green house that was restricting my access to be the neighbours problem to move. The green house is basically making it impossible to carry out maintenance so surely shouldn’t be in that spot?

I would also not be happy with being expected to pay for it and wouldn’t be happy having to work through the green house roof to carry out maintenance. Imagine if they slipped and crashed into the rest of the green house! I’ve known someone end up needing micro surgery on their hands when they were just fitting one new pain of glass. That’s an accident waiting to happen.

www.mylawyer.co.uk/going-onto-your-neighbours-land-a-A76076D34458/[/quote]
Then as you are completely wrong then you may be better off not replying in the "legal" section.

NigellaAwesome · 02/03/2022 23:01

@Dindundundundeeer

Public liability insurance

Full written scope of work, process and timescale.

Full pre work survey to establish condition of area in work

Written agreement to rectify any damage

I’d also require a court order, which they will ONLY get for maintenance and not improvements.

IF they have an easement, then you’ll not want to go to court as you’ll get costs against you. The other steps are reasonable.

Fantastic advice.

Additionally, I was told to ask for an escrow agreement, where an amount is deposited in an account to cover for potential damage. I don't really know the legal ins & outs of it though.

I also think you should be the ones to provide the timescale as to when, and for how long you will permit access, rather than the neighbour specifying it.

Finally, you might want to speak to your insurer to ask for their advice? Do you have legal insurance on your house insurance?

Annette32123 · 03/03/2022 07:59

@Kazzyhoward yes I have also had bad experiences with these neighbours before so absolutely don’t trust them.

@Sparticuscaticus
Good suggestion about asking for agreement on time to replacement too

@Dindundundundeeer
Will do exactly as you suggest and they do have an easement so no need for court order. If they didn’t I wouldn’t be cooperating at all without a court order!

Thanks to all for the advice - usually I’m a mumsnet reader rather than poster but this is so helpful - thanks you!

OP posts:
Annette32123 · 04/03/2022 14:47

@Dindundundundeeer

Public liability insurance

Full written scope of work, process and timescale.

Full pre work survey to establish condition of area in work

Written agreement to rectify any damage

I’d also require a court order, which they will ONLY get for maintenance and not improvements.

IF they have an easement, then you’ll not want to go to court as you’ll get costs against you. The other steps are reasonable.

Can I just check something please (or if anyone else knows!)?

Have been reading about pre-works schedule of condition and just wanted to check that is something I should request since it’s not clear to me if it protects them or me or both or if the purpose is to have a definitive record in the event of a dispute. Opinions welcome!

OP posts:
Dindundundundeeer · 04/03/2022 16:49

It protects you both. You can show your greenhouse was perfect, they can show the 3 cracked paving slabs already existed - or whatever.

It’s the equivalent of a party wall agreement I suppose.

The cost is theirs, but it protects them too so they should be pleased

Annette32123 · 04/03/2022 17:20

Ok thank you @Dindundundundeeer!!

OP posts:
Sandwichgen · 14/01/2025 18:20

Would love to know the outcome…

ByQuaintAzureWasp · 15/01/2025 08:45

For God's sake, just let them change the damned guttering. Glad I don't live next door to you.

AConcernedCitizen · 15/01/2025 11:11

Camera for sure. And be sure to let the builders know it's there, and why.

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