Can our new build developer access our property without permission?

[Stroan]

We’ve been in our new build for 4 years, built by a national developer. 

We’ve had a long and frustrating email battle with them about repairing our garden following work they did to the garden next door. We couldn’t understand why they kept insisting our garden is flat (it’s not!) as they haven’t been out to see it.



The customer care manager admitted yesterday that he entered our garden months ago without our knowledge. We’ve said numerous times that we don’t give them permission to be on our property without us being there. I don’t know how he opened the locked gate.

They also sent out an “independent” contractor who was told we wanted to be there, but also inspected the garden while we were out. 


We’re in Scotland - is it legal for people to access our property in this way? I know there’s probably nothing we can do other than make them know that we aren’t happy. 



(The frustrating part of this is that they are disputing the damage caused to our garden, and if they keep visiting while we aren’t there, they aren’t giving us a chance to show them the damage. I also don't want strangers in my garden without my knowledge.)

They will argue you gave them permission to inspect it and deny you insisted on being present unless you have it in writing.

Do not give up though. I kept on over the same issue. Eventually they agreed to do the work. Having said it wasn’t that bad they ended up having to remove twenty tonnes of soil to level the garden.

I would say no they can't, however trespass without damage is a civil matter so you could only claim for any losses suffered.
It may strengthen your case in other areas though. Check your house insurance for legal cover, also anything you get through work eg advice lines.