Active discussions

Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

Neighbour wanting access to garden - what do I have to agree to?

29 replies

piedbeauty · 05/04/2023 11:30

Awkward neighbour is having his garden returfed. He wants access to our garden to check cabling/wires on our side of the fence. Not sure why... he told us two days ago that this was happening. Didn't say then that he'd need access.

We have said it's not convenient now - we're working - and to come back this afternoon.

What access is he legally entitled to?

OP posts:
LlynTegid · 05/04/2023 11:32

No idea of the legal position, but think your response appropriate.

prh47bridge · 05/04/2023 15:22

He has no general right to enter your garden but can get an access order if he needs to enter your garden for repairs to his property and it can't be done (or it would be a lot more difficult) without access to your land. So if he needs access to the cables and you refuse, he may be able to get an order forcing you to allow access.

LIZS · 05/04/2023 15:25

Nope. What wires of his are on your side?

tescocreditcard · 05/04/2023 15:26

That doesn't make any sense at all. Having your garden returfed doesn't require any cables or wires. Tell him this.

AmandaHoldensLips · 05/04/2023 15:26

He has no right of access to your garden unless it's for a public service issue like drainage or cabling, or it's for essential repairs to his house.

I don't see how re-turfing his lawn is any of the above.

Do you happen to know if there are any underground services that cross from his property onto yours? Surely he should be checking on his property first!

Original poster
piedbeauty · 05/04/2023 15:40

Thanks, all. I've gone some googling. Found out about the right to access thingie.

We've sorted it. There were some wires on his side that he's not keeping anyway, so all he needs to do isolate them then cut them.

Part of re-turfing the lawn includes digging up all borders and levelling the ground. He wanted to know if there were any buried cables in the border.

Sorted for now, but he wants to get rid of our nice high fence (which is his) and plant a hedge, so it looks like we will have to have a fence put in on our side of the boundary. I need privacy!

OP posts:
AmandaHoldensLips · 05/04/2023 15:57

Ask if you can buy the fence off him, then move it a couple of inches so it's on your side of the boundary line. Fences are bloody expensive!

Also hedges can get a bit unruly so you'd end up having to maintain "your" side of it and it might encroach into your garden.

unsync · 05/04/2023 16:48

His hedge will need to be planted at least 50 cm in from the boundary. If he's removing the fence, make sure there's at least a temporary marker showing the original boundary line I would suggest some posts and wire at a minimum.

Original poster
piedbeauty · 05/04/2023 19:39

Good idea, @unsync . Is there a law that says this must be the case?

I was wondering what would happen if he let his hedge grow and it pushed on our fence...

OP posts:
AmandaHoldensLips · 05/04/2023 21:12

previous poster is right about that. Marking the boundary is important to stop any unintended "creep" of the boundary line.

unsync · 05/04/2023 21:15

I don't know about the law, but taking out a fence without marking the boundary line could lead to disputes later on.

Regarding the hedge, most planting guides suggest how far from a boundary they should be planted. It's certainly worth talking to your neighbour, not everyone realises how much space a hedge takes up. If it's correctly planted, he's going to lose 2-3 foot of his garden. If he plants it right on the border, you can cut any growth encroaching on your garden, but you must offer whatever you cut off to him.

itsgettingweird · 05/04/2023 21:21

AmandaHoldensLips · 05/04/2023 15:57

Ask if you can buy the fence off him, then move it a couple of inches so it's on your side of the boundary line. Fences are bloody expensive!

Also hedges can get a bit unruly so you'd end up having to maintain "your" side of it and it might encroach into your garden.

I was going to suggest buying the fence from him!!!

Put up a boundary rope, move the fence an inch or whatever onto your land. Measure the current distance from the boundary to where he can plant a hedge and then mark that too.

Although I'd make sure he realises how far form the boundary the hedge must be before you move the fence tbh!

PeonyFairy · 05/04/2023 21:22

You are neighbours, surely a bit of mutual cooperation is worthwhile rather than instantly checking the law and assuming the worst? Isn't that how long term disputes start?

AmandaHoldensLips · 05/04/2023 21:28

@PeonyFairy have you never heard the term "strong fences make good neighbours"?

Being exacting about the boundary is exactly what the OP should do to AVOID future disputes!

curlywillow · 05/04/2023 21:33

AmandaHoldensLips · 05/04/2023 15:57

Ask if you can buy the fence off him, then move it a couple of inches so it's on your side of the boundary line. Fences are bloody expensive!

Also hedges can get a bit unruly so you'd end up having to maintain "your" side of it and it might encroach into your garden.

The cost of getting a lawyer to transfer a small piece of land and then sort out the titles will be way more than buying a new fence. Don’t do this.

curlywillow · 05/04/2023 21:34

Ignore me. Sorry I didn’t read it properly! You meant buy and dismantle and re site the device

curlywillow · 05/04/2023 21:51

Fence! Not device!

I give up. I’m going to bed

Original poster
piedbeauty · 05/04/2023 22:57

PeonyFairy · 05/04/2023 21:22

You are neighbours, surely a bit of mutual cooperation is worthwhile rather than instantly checking the law and assuming the worst? Isn't that how long term disputes start?

Read first words of my post. He's awkward, I don't like him, don't trust him, don't like the way he behaves.

OP posts:
Em1ly2023 · 05/04/2023 23:22

This reply has been withdrawn

This message has been withdrawn at the poster's request

TizerorFizz · 07/04/2023 00:28

@piedbeauty
Check what sort of hedge. Leylandii - absolutely not. Beech or hornbeam - yes. You can put up 2m high fence entirely on your land. You cannot insist where he plants the hedge but strongly suggest it’s on his land with growing room outwards. 500 mm is reasonable. You might need a maintenance agreement so the hedge does not get over 2 m high.

WashAsDelicates · 07/04/2023 00:52

AmandaHoldensLips · 05/04/2023 15:57

Ask if you can buy the fence off him, then move it a couple of inches so it's on your side of the boundary line. Fences are bloody expensive!

Also hedges can get a bit unruly so you'd end up having to maintain "your" side of it and it might encroach into your garden.

Try to buy the fence off him, yes, but don't move it. If it's on the boundary line, it is in the right place for it to be. How would you even move a fence, anyway?

Original poster
piedbeauty · 07/04/2023 07:20

TizerorFizz · 07/04/2023 00:28

@piedbeauty
Check what sort of hedge. Leylandii - absolutely not. Beech or hornbeam - yes. You can put up 2m high fence entirely on your land. You cannot insist where he plants the hedge but strongly suggest it’s on his land with growing room outwards. 500 mm is reasonable. You might need a maintenance agreement so the hedge does not get over 2 m high.

Thanks - sensible to consider, but we can't tell him what kind of hedge to plant!!

OP posts:
curlywillow · 07/04/2023 08:11

No of course you can’t. Our neighbours have planted a lleylandi hedge. It’s been in 2 years and grows rapidly. It is already affecting our garden.

Best thing you can do is be nice and hope he then makes a good decision on the type of hedge he plants

TizerorFizz · 07/04/2023 08:59

@piedbeauty Well not tell him. Ask the question maybe?

Original poster
piedbeauty · 07/04/2023 09:09

We'll ask. He has just removed a leylandii hedge at other end of garden so hopefully he won't plant another one!

OP posts: