Neighbours Wanting Access

[Vicky1110]

Our neighbours (the side of their house is the back of our garden, and their garden runs along side our driveway) are looking to put an extension on the end of their house and are requesting access to our garden and drive to do this. This would mean removing part of our fencing will the work is going on - which would be quite a while apparently. I have attached a paint sketch of the lay out - we have no gate/fence on our drive to the road, but the garden is separated from the drive by a fence - this is the fence they would want to remove to carry out the work.

My problem is we have two young children (2 and 3 yrs) who use the garden daily to play in and this would obviously make it unsafe as it would mean the garden perimeter would not be secure whilst the work is being carried out. i.e. there would be easy access to the road from our garden/drive, and to the area the work is being carried out in. Would I be justified in denying access/permission on these grounds or would they have to ensure that our garden is secure from the works/road whilst the fence is down and they are carrying out work??

I don't really know much about this or where I stand in regards to it all. Please help.

If you have a good relationship with them, I would say yes, but only if they can secure the garden so the children can play safely in it (by, e.g. paying for a temporary fence). That's if you're happy to lose the use of your drive for the duration of the build. I have a toddler and there's no way I would allow anyone access if it meant he would lose safe use of our garden for months.

If you don't know them particularly/don't have a good relationship, I would insist on the temporary fence and compensation for loss of use of the drive/section of garden. This is a big ask and might go on for months....

In either case, a written contract is a good idea.

@stairgates I think the plan is the remove some of the fence between our drive and their garden whilst the works are being carried out, so I would assume (obviously not spoken to them yet) that their garden would be used mostly and they would just needs access to the bottom part of our drive and that end of our the garden where the side of their extension will be. (on my picture their house is on the left of the extension and their garden is on the right alongside our driveway, sorry I should have noted that on the picture). We don't really know them well, they occasionally park accross our drive to do stuff with their car but that's it.

Can i actually say no/deny them access?
How will the build the side wall of the extension if its near enough at the boundary?

Couldn't they just get a court order granting them access?

Get professional advice as to what you can and can't be obliged to allow. They should pay for this. Otherwise, I'd say no.

I really wouldn't inconvenience yourself so much, during a pandemic, to make it easier for neighbours you hardly know to build an extension. They may have to build it differently, have a gap etc, but it is their extension not yours. It's already causing you concern and they haven't started yet.

I would say no because of the safety issue and the length of time. They might then come back and ask to negotiate and I would listen to what they had to say, but I would start with a no.

Our neighbours built scaffolding in our garden for 6 weeks supposedly, it was there for 13 weeks. The safety barrier they built was a diagonal scaffolding pole wedged between a tree and a wall. Hated every minute.

Nope

Our neighbours did this and the kids couldn’t use the garden all summer.

Builders smoking and swearing leaving gardens open and fences.

Often parked on or blocked our driveway.

Absolutely horrendous

Let the neighbours work our plan B

Not your problem

Yes, if you don't know them at all, I'd just say, 'Sorry, that doesn't work for us because we have to keep the garden secure for our children' and leave it there. Why should you put yourself out so much for people you hardly know?

There is only a right of access to your land to maintain an existing structure, not to construct a new one. They can do it overhand all from their side if you refuse access, or change their method of building / plan.

This may help too.

homeguideexpert.com/do-i-need-to-give-my-neighbour-access-to-my-land/

Basically, you can refuse access for creating a new building, but not for maintaining an existing one. Once you give permission for the new build, you are giving them perpetual access to maintain it. So think carefully before saying yes.

It really depends on how well you get on with them. I have allowed neighbours to put scaffolding on our land but we are good friends with our neighbours and they made sure the builders stuck to what was agreed and also paid for the flower bed to be re-done afterwards.

Do insist that it is only for access and nothing can be stored on your drive.
Do insist that the garden is made secure for your DCs.
Do insist that you don't want to hear their radios.
Do insist on no weekend work.

So

1. You can say no, it then becomes their problem to sort, and if you have young children that’s what I would say

2 I do believe that you can get an agreement drawn up that states when the work is to be finished by, everything put back, payment if it’s not etc. But I also understand yo7 May be able to obtain a payment from them for the access across your land and your inconvenience

Speak to a solicitor if you can, but to be honest I would agree to it,they have to access from their sideb

The builders will expect the drive to be left clear for them and then next thing you know there will be a skip on it.

I totally agree. Say no. They will have to make the extension slightly smaller so they can get access from their own side.

In this case, as described. I would say no.
The fact they’ve parked across your drive in the past gives you the heads up that they are likely to take the piss. It will cost bem more to do it without access in your safe but that isn’t your problem.

I’d also take photographs on your phone if your drive, party fencing etc, jus before building starts, so that if the build causes damage to your property, you can prove it wasn’t pre-existing.

I would say no. The safety and comfort of your DC are far more important .
Building work is noisy, messy and always drags on much longer than initially stated - in my experience anyway.
You will have enough to put up with during the build. Your neighbours have every right to build an extension but they are trying it on asking for access.
I hope their extension doesn’t make your garden shady.

I would say no, because you need the children to be safe in the garden.

So I may have got it slightly wrong but I don't know what difference it makes. My husband had just got in and we've talked about it and what everyone has said.

The neighbours already have a sun room type building on their house and I thought the extension was too make this longer/bigger (going on the information I was given, but I think the neighbour kind of thought she's just a woman she doesn't need to know), but in actual fact the plan is to make the existing sun room type building into a two story - I believe by completely knocking it down and rebuilding it. I don't know what difference this makes and if it means we have to grant access because it's an existing building?

Sorry everyone for the error!

@caramac04 thankfully our garden is south facing and so they will have no impact on the sun, we will still get it in the garden all day.

I’d say no. Our neighbours built an extension up to the boundary without accessing our garden at all. We refused permission because they didn’t ask, just came round and told us that the digger for the foundations would be digging up our garden. If they’d asked, and offered to replace the plants, we might have said yes.
The builders built entirely from our neighbours’ side with no difficulty whatsoever.

Another echo No.
You’ll lose your drive (it will be a skip and storage) and you’ll lose your garden. Which, with covid and young children is invaluable.

Tell them you need to see the plans and that you have serious concerns about the safety of your children and your property. Do they need planning permission? Do they have it? This sounds like they're trying to pull a fast one.

And of course you can say no, even if you're forced to change your mind. You don't have to lie down and invite them to walk all over you.

Have you looked at the plans online?

If the builders are going to be knocking down the existing building to erecting a new one are your kids going to realistically be able to play in the garden? If the extension is as close to the boundary line as you say, surely your garden will be covered in dust and rubble anyway.

Personally I would say no, as someone mentioned even if they put a gate in, the builders are still going to be going in and out all day, tools potentially being left in the garden whilst they nip to the van etc, gates potentially being left open etc. Also the risk of potentially random people getting into your garden then potentially into your house if the back door is left unlocked/window open etc.

If they were friends I might consider it but as that is not the case, no chance. There are way too many possibilities of things going wrong.