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Original poster

Does my neighbour have right to access my property ........

23 replies

Saz73 · 21/04/2008 07:16

if something he wants to maintain is on his property but is seperated by a garden fence. Basically the neighbour built a conservatory (approx 18 mths ago) 1/4 metre from the boundry fence and now he wants to do some maintence on it and is unable to access it via his garden.

OP posts:

2sugars · 21/04/2008 07:19

Did you allow him access to your garden when it was being built? Will follow this with interest, as the neighbours of a house I let want to build an extension, which will mean allowing them access to the garden.

ipodtherforipoor · 21/04/2008 07:19

Is the question actually AIBU to stop neighbour maintaining his consrvatory?

bellavita · 21/04/2008 07:20

I am sure he has no right to help himself to access to your property without asking your permission first.

throckenholt · 21/04/2008 07:23

I would have thought they have no right of access - they should have considered maintenance when they designed it. I would have thought the only right of maintenance is if they have an agreement with you.

You might want to allow it in favour harmonious neighbourly relations - assuming it doesn't cause you any problems.

But I am not a legal bod so I may well be wrong.

Original poster

Saz73 · 21/04/2008 07:30

I'm not actually stopping his from maintaining it but would of thought the selfish guy (he's abit of a victor meldrew, moans at everything) would of thought about it when he built it. He never told us he was building it, we only found out when the planning notices dropped through the door. We live in a newish housing development so houses are quite close together.

It will cause me taking time off work and moving big storage boxes in order for him to actually get access.

OP posts:

bellavita · 21/04/2008 07:32

I think that you have to make that clear to him then just in case you need a favour from him in the future.

LIZS · 21/04/2008 07:34

Does the main house come up that close to the border , if so how do they maintain that ? We allowed next door's decorators to access their property from our side , never occurred to me not to agree unless it was a serious incovenience. Most houses are now so closely set it could prove hard to maintain them otherwise.

pooka · 21/04/2008 07:36

I think that he may actually have a right of access to maintain his property. Lots of people build close to their boundaries, and I think that there is legislation in place to enable maintenance. Can't remember what it's called though.

scaryteacher · 21/04/2008 12:27

I think he should ask first though. My twat of a neighbour just used to wander down the side of my house with his builder and then come and harangue me about moving my oil tank and my shed, which were there before he bought next door.

I nearly had a hissy fit one day when I saw that he couldn't be arsed to walk up the road to get into my back garden, but had put a ladder over my wall so he could climb over. That went back pdq. He pissed me off so much that I have to admit I became obstructive on principle. As my house is now let I make him ask my letting agent every time he wishes to set foot on my property, and he is not allowed to harass my tenants the way he harassed me.

Twiglett · 21/04/2008 12:34

aren't you being a bit odd even raising the question ... good neighbors make good neighbours

I'd tell him he's welcome to maintain it but please arrange a suitable time (why can't you give him a key?) and be aware that he will need to remove and return the storage boxes carefully .. or ask him to help you move them

BetteNoire · 21/04/2008 12:37

"It will cause me taking time off work and moving big storage boxes in order for him to actually get access".

I don't understand why you need to take time off work. Surely you can come to some amicable agreement about the situation?

Original poster

Saz73 · 21/04/2008 12:40

You can't get through the gate due to the storage boxes/small shed, secondly the only other route woul dbe through the garage but my DH has two highly expensive motorbikes in there so the risk of not alarming/damaging them with the ladders is a big no no and would you let a load of workmen come through your house!!!! Good neighbour ha ha, if you lived next door to him you would know why even grumbles at us hanging our washing out in the garden apparently it's 'unsightly'.

OP posts:

BetteNoire · 21/04/2008 13:34

You clearly dislike him, so just refuse to let him/the workers have access then.
Explain to him that the way he behaves towards you does not make you feel inclined to help him out with his predicament.

Although I'm not sure it is worth falling out with a neighbour over.
Live and let live, and all that.

TuttiFrutti · 21/04/2008 14:15

Let him have access! If you don't, it will cause lots of bad feeling and you might find he starts retaliating by refusing you a favour you need from him in the future.

There is something called the Access to Neighbouring Land Act which basically says an neighbour has a right to go onto his neighbour's land if it's necessary for maintainance of his property. He would have to get a court order if you refused permission, but what's the point of getting to that stage?

hippipotami · 21/04/2008 14:20

My bil in law had this problem (neighbours would not allow bil's builders access to replace guttering, ladder needed to be on neighbours land)
In the end he consulted a solicitor and I am sure the answer was that you have to allow a neighbour onto your property for standard/normal maintenance/repairs.

But don't let it get this far - let him do what he needs to do

clam · 21/04/2008 14:24

And, if it ever got as far as official complaints being bandied about, you might have to declare the dispute when you come to sell in the future. Is it worth it?
Just say he's welcome to use path, as long as he can move what's there as you're unable to.

Freckle · 21/04/2008 14:26

You need to look at this.

Chances are that, if you refuse, he would go to court and an order would be granted - possibly landing you with the costs. I would agree to his having access, but get him to agree - in writing - to certain conditions first.

Original poster

Saz73 · 21/04/2008 14:38

Thank you for that freckle that's what I was looking for but couldn't find it on the net. Will try and discuss some conditions, he's abit of a prat and everyone on the road knows it!!!

Just think it's unfair that he builds right up to the fence and automatically gets access rights to come and into my garden to maintain it, would be common sense to take into consideration that he might have to actually maintain it.

OP posts:

LIZS · 21/04/2008 15:48

did you contest the Planning Permission ? Can you not ask him to do it on a weekend at your convenience.

Fizzylemonade · 21/04/2008 16:23

There are usually clauses in your deeds stating that they are allowed onto your land with your consent to maintain barge boards/guttering etc however this is different as it is an addition to the original house.

Did you not comment on the planning letter to say that it was too near to the boundary and therefore maintaining it would be inconvenient as he has to access your land to do it?

StripeyKnickersSpottySocks · 21/04/2008 16:37

Tell him he can have access but at a time that suits you. If you don't want to take time off work then that will have to be at a weekend. If he has to pay a builder extra for them to come at a weekend then thats his problem.

Original poster

Saz73 · 21/04/2008 17:04

Yeah I commented on the planning permission but did not mention about the maintaining bit. Fizzylemonade, we have a clause in our deeds about neighbouring property getting permission to come and maintain things, as we have his gable end of his house which acts as the boundry if that makes sense. So persumably this will apply now to the exentsion on the otherside of the fence too.

We don't talk to the neighbour as it is and we've lived here 7 yrs he totally ignores us, thinks he's better then us I suppose as his house is 3 times the size of ours.

OP posts:

K999 · 21/04/2008 19:31

the best thing to do is to check your title deeds. These will contain what access etc you have to allow. Also, there is usually a clause in your deeds which mentions whether or not it is permissable or not to build any extra 'erections' (pardon the pun!!!!)

In saying that I can only really comment on the law as it applies to Scotland as this is where I live!!!

good luck!

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