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Original poster

Neighbours Wanting Access

92 replies

Vicky1110 · 14/07/2020 15:04

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.

OP posts:

lauraannle · 14/07/2020 19:04

Say no until you have further info re planning permission, expected timescale, use of your driveway, plans from them to ensure they aren't stopping you from using your garden etc. It's even more important in current times that your DC have a secure area to play outside.

WhoWouldHaveThoughtThat · 14/07/2020 19:05

@pigletjohn

I think he's got a couple of valid point there!

generalexpert · 14/07/2020 19:10

You don't have to grant access. The Access to Neighbouring Land Act allows access (with a court order) to gain access, but this is for maintenance and only when substantially more difficult to achieve for their side. This does not cover new developments.

Best thing however is to form an agreement with your neighbour. Maybe tell them:
-you don't want the work to go on for ever, so set a time limit.

-damage time be made good after the work is completed eg new turf or whatever.

-clean up every night, no storage of waste on your land.

-no weekend working

-temporary fencing to be installed and secured every evening.

If you do that you set the agenda. Be polite and make it clear you're doing them a favour. A good neighbour would not have a problem.

Original poster

Vicky1110 · 14/07/2020 19:16

@EvilPea I have just looked online - didn't realise you could do that. And it appears we have both been told wrong, it says they have been approved for a single story rear extension. So I assume they just want to knock down and rebuild the existing sun room in to a proper room or something.

This is why I came to ask the mumsnetters, because I know nothing about this and clearly they've not been straight with us - or they aren't going to stick to the permission they've been given.

OP posts:

HasaDigaEebowai · 14/07/2020 19:17

My parents came home one day to find the builders from next door had completely dug up their patio to link into services, taken out an established hedge and ruined loads of plants.

Say sorry but no. You have an ideal excuse with two small children and covid.

PrayingandHoping · 14/07/2020 19:24

I would also say sorry no.

The fact your garden would not be enclosed for your children I would also feel like it was a security risk.

You don't owe them this. They don't have any right to inconvenience you, you don't owe them anything. This is not just an minor inconvenience, it's v big

Rollercoaster1920 · 14/07/2020 19:27

Get legal cover on your home insurance now.

DominaShantotto · 14/07/2020 19:31

I'd allow it for one of our neighbours who I know would be meticulous and make sure the kids are safe and who helps us out a tonne with DIY stuff around the house.

The other would take the piss and ignore any agreement altogether and would be told to fuck off in no uncertain terms.

I would only be agreeing if I KNEW it was a case of neighbour number 1 and even then I'd want timescales and security very very carefully agreed.

JacobReesMogadishu · 14/07/2020 19:34

Yes you can deny them access.

If they manage to go ahead without access from your side have they got/do they need a party wall agreement? I believe if in so many meters of the boundary they should have one.

mumsiedarlingrevolta · 14/07/2020 19:37

absolutely not.

sounds like so much potential to go wrong and as they have already been economical with the details I feel like getting involved has potential to get very messy.

Just smile and say it is not possible. which is fair enough.

JacobReesMogadishu · 14/07/2020 19:37

And if they are so close that a party wall agreement is needed (sounds like they are) you must be consulted and either agree to it or if not then some sort of surveyor person has to be appointed. You can insist on your own independent one and they have to pay for both. It will cover stuff like damage, reinstatement of fences, etc.

Bargebill19 · 14/07/2020 19:50

No would be my answer for all the very good reasons pp’s have sensibly given.

campion · 14/07/2020 19:50

Did you not get a letter from the council about the planning submission? If you're next door,I'm surprised if you didn't.
Also,those plans online may not be exactly how it ends up if my neighbours are anything to go by.

You need to wise up quickly OP. They'll be taking you for a mug so don't get taken in by a bit of sweet talking and a few promises. The description of some builders on this thread is only too accurate and they'll make a mess of your garden,invade your privacy and take liberties you haven't even thought of.

Having builders for your own property is bad enough (and we had nice ones!!) but suffering someone else's for months on your own property. No way. You'll definitely regret it.

NoraEphronsneck · 14/07/2020 19:59

Please say no. This won't go well and you will feel taken advantage of at the end of it.

We asked our neighbours for similar access to build a side extension, including removing fence and replacing with security gates. They refused.

All building work had to be done from inside. It couldn't be rendered as inaccessible so they now look out at white painted breeze blocks.

Following was they asked if hey could put scaffolding on our drive to have their roof done. Told them to go whistle.

mishmash13 · 14/07/2020 20:07

OP please say no. I am 6 months into your current situation. I granted neighbours access to my drive to build their extension (it is right against the boundary so they couldn't do it very easily otherwise) and it has been 6 months of utter hell. The constant mess, noise, irritation, swearing, cigarette ends, conversations on my doorstep at 7am, not to mention the damage they have caused. I have two small kids and a dangerous trench next to my house. They have not come through on any of their promises to make it safe for the kids. Once the scaffolding was up that's all they cared about. They start at 8am with radio blasting out. I was trying to be a decent person and do the right thing but it was a case of give an inch. I just wish I could turn the back clock and say no. They have no right of access to build something new they can only go to court to maintain something. Please think very carefully. I wish someone had given me some decent advice at the time. You have every right to say no. They are getting something out of this but you are not. Even if you have a good relationship with your neighbours ultimately it all depends on what builders they get in and whether they are OK.

Rhica · 14/07/2020 21:20

We have just finished an extension and they had to build 60cm in from the boundary so didn't need access to our neighbours house for building work (we live in a semi detached). We were lucky that we can access are garden without going on others land.

Machines are available that are designed to go through doors ways so if they have no direct access they should still be able to continue just at significant disruption to themselves.

Do they require a party wall agreement? I might consider access on the odd day with advance notice and a contractual agreement to put things right after but not just open access.

If the bukd was in winter guess you wouldn't be using your garden anyway if you decided to let them.

merrylittleway · 14/07/2020 21:51

100% say no. My neighbours built their extension without coming on our side or removing fences. We have a dog that likes to run away, they have 2 small children, if they had removed the fence guarantee their garden would have bee quickly poo'ed in by our dog hahaha.
It's quite straightforward for them to do it from their side.
You have no obligation at all to allow access, and the minute you do, you would be opening a can of worms and losing your garden for the summer.

Africa2go · 14/07/2020 23:13

No. I'd also assume they need a Party Wall Agreement.

Greenlamp45 · 15/07/2020 06:53

No.

Boohoohoohooho · 15/07/2020 07:09

I'd say no.

SoddingWeddings · 15/07/2020 07:22

I have a lot of experience of construction work, and I would advise against their requests.

It never ever runs to time, something always gets damaged, the householders always start off really nice and make lots of promises which are never kept and relations deteriorate rapidly.

They want the work done, then they deal with this themselves.

Presumably they could access the site from their own garden, just less conveniently?

Also, ask if you could see the demolish plan from the builders when it's written.

Check with the council that they have received a notice of demolition and that it's all gone through planning.

Bluntness100 · 15/07/2020 07:30

Personally I’d allow it, because how often do you let two and three year olds out unsupervised?

I’d ask for more detailed info, and for the fence to be down the min amount of time, and put back but past that I’d be ok with it.

Youneed to remember op on here there are always people urging folks to tell their neighbours to fuck off, and the suggestion to ask for cold hard cash is just not something that happens in the real world.

Just be reasonable, ask for timings, for them to put it back etc and then don’t leave your kids unsupervised during that period.

stairgates · 15/07/2020 08:18

If you wanted a small compromise with them then you could possibly allow the main delivery lorry, assuming bricks, to reverse up your drive and lower the bricks over the intact fence into their garden, the rest of the stuff they can bring through their house.

MessAllOver · 15/07/2020 08:26

how often do you let two and three year olds out unsupervised

It depends on how you use the garden, but my 2.5 year old plays in our (small) garden by himself while I work (mumsnet ) at the kitchen table where I can see him. He's always supervised but it would be a pain in the neck if he was running through a gap in the fence the whole time (and there were builders and building equipment about). I'd have to keep him inside tbh.

Daisydoesnt · 15/07/2020 08:32

OP I wouldn’t hesitate in saying no. As others have pointed out, by the time they start we’ll be heading into autumn / winter and possibly a second wave. Your garden will be incredibly precious. Why should you lose it just for you neighbours convenience, when you are not even friends with them?

And when the builders are working on site, carrying materials through your drive/ garden, machinery going in & out, scaffolding, demolishing a building and putting up a new one..... there won’t be a chance in hell you’ll feel ok with your children playing next to all that! You’ll constantly be on edge that they’ll get hurt.

Don’t get into a debate about it. Don’t feel guilty. There is NO upside to this for your family, only downside.

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