Neighbour's Fence Blocking Access to House Wall

[user1492452830]

Hi there, I just had a quick question about fences which I hoped someone might be able to help me with :)

I would like to have the walls of my house rendered and repainted. However my neighbour's fence panel is blocking access for the builder to get to the wall. I have asked the neighbour nicely if he wouldn't mind us taking the panel down, but he flat out refused and said it is not to be touched. This is a bit of an issue for us as you can imagine. The builder says they need to put beading on the corner of the wall so they can render to it. Is there anything I can do to access my wall from a legal point of view?

Any advice would be greatly appreciated!

Thanks so much!

Photos:
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Thanks a lot everyone for all the advice and comments!

Thanks @wowfudge you have given me a lot of good info. I think in that case a court order may be the way to go, considering the neighbour made it very clear in his latest email that "we are not going to give our permission for our boundary fence to be removed, & or replaced...the boundary fences must remain intact & not interfered or disturbed with in anyway".

He did also add though; "I must just point out that if any damage is done to our fence (or it becomes unstable) ...during construction work, then any rectification (including repair costs) will be your responsibility."

Does that mean it is in fact okay to take down the fence so long as we put it back or 'rectify' it after? or am I misunderstanding?

No - the guy seems very clear on that so you just inflame things. I would suggest to him that rather than move then reinstate that ugly, rusting eyesore (you might want to moderate quite what you say there) that you suggest putting up something nicer than corrugated metal sheeting once your work is completed, to be erected in the same place of course.

Do you not speak to him? There is obviously some issue for him to be so strongly wording things and so adamant. The trouble is it sounds as though you bought your house knowing that was there.

I would assume he is planning to say that the crappy metal fence was in perfect condition and then you touched it and now it's ruined. So now you need to provide him with a lovely new fence free of charge thank you very much!

Frankly that fence couldn't get more unstable - it is a terrible state!

I would go to a solicitor who specialises in property and make sure you take many photos and write down everything he says as it seems clear he will make life hard just because he can. What an arsehole!

Tea and cake is suggested for these kinds of things on another property forum. I find the guy's stance quite strange. Is there history, possibly with your predecessors?

Kirsty that's a great point about taking photos. Take photos showing the positioning of the fence with a tape measure against it. Show it isn't level or even with a spirit level against it.

I second taking pictures with a tape measure. I agree with wowfudge that Tea and Cake is usually the best way to go but occasionally you do have a very obstinate character to deal with who is not reasonable. My guess is that your neighbour is one of those. Mine certainly was! And the fence he had was even crappier than yours. He actually wanted compensation for loss of property and trespass even though i had provided a new fence....

I would just urge caution as to any escalation of war of words as if you do decide to sell in the future you will have to declare all of the correspondence. Get a local Solicitor who is expert in property law/ civil matters involved for advice for what you can do in the first instance. Good luck!

I'd bet (someone else's 😉) good money that fence is in the wrong place too! What do the deeds actually show ? I wouldn't be taking the word of someone who seems so invested in keeping your view spoiled whilst he's improved his own!