Access to boundaries/party walls for repair

lostinrates

My neighbours keep sending in workman to repair the walls/bounderies they own. I hve no problem with this, I want good boundaries too. What I am a little frustrated about is I get no warning, and often just find people in my garden. I have asked them this morning to ensure their people let me know they are here, but would it be reasonable and lawful to ask for, notice say the day before? Or do I just have to accept I have no right to that?


I'm scared I'll not know someone is there, let my dog out (who sometimes nips) and someone will get bitten and I will be in trouble. Its also just not always convenient...for example, in more clement weather I might have friends over for lunch or coffee in the garden and would like not to have workmen or work going on if possible!

keystone

Neither the neighbour not their contractors have the right to enter your property without your prior permission. If they do its called trespass.

Its not a question of giving notice its a question of them being polite and considerate and asking first.

However, you should not unreasonably deny that permission.

I think you should talknicely to your neighbour and tell them you take rather a dim view of their high handed actions - diplomatically of course.

Cheers

PS I would have thought that your dog could be described as defending his patch when they just barged in without so much as an if you please.

lostinrates

keystone wrote: »

Neither the neighbour not their contractors have the right to enter your property without your prior permission. If they do its called trespass.

Its not a question of giving notice its a question of them being polite and considerate and asking first.

However, you should not unreasonably deny that permission.

I think you should talknicely to your neighbour and tell them you take rather a dim view of their high handed actions - diplomatically of course.

Cheers

PS I would have thought that your dog could be described as defending his patch when they just barged in without so much as an if you please.

Thank you, that's how I feel, but the neighbour (actualy its the Local Authority who own it) say its not possible to say because they don't know till the day, because it depends on weather etc.

I do not want to unreasonably restrict access, I just want to feel a little warned to make plans with the dogs and our own use of the property and able to say no if we have other plans

keystone

So you are supposed to accommodate them because they can't plan properly but you are not entitled to equal treatment! What ignorant and arrogant people do populate the corridors of some local authorities. Council or not they are still trespassing if they don't secure your permission.

Cheers

Jackinbox99

Sounds a bit out of order if you ask me. My neighbour always asks me several times for permission to come onto my property when he needs to do anything. I always say yes, but he still asks me at least twice, and then pops around to tell me when he`s done it. Maybe he`s just a good neighbour!

With regards to the dog, if it bites someone, even on your property then your in trouble. My friends german shephard once bit someone who came into his garden without permision. My friend got taken to court and they slapped a restraining order (or something similar) on the dog, so if it did it again then it would be put down. I couldnt believe it as the dog is perfectly well behaved and if someone is trespassing on your land then the dog should be well within its rights to have them for dinner.

paddy's_mum

Write a polite letter to the Chief of the council asking him to intervene, before you feel compelled to take the story to Fleet Street - can you imagine what the likes of the Daily Mail would do with this story of oppression of the little guy by big, nasty local council?!

I agree that this is unacceptable behaviour. It would be bad enough from an individual neighbour who might be forgiven for not being too well up on law or good manners but for a LA, which has a legal department to guide it, it is so far beyond the norms of considerate behaviour as to be farcical.

keystone

The alternative (which takes a bit of nerve) is to deny them access because of their unreasonable behaviour in the past so that they are forced to apply for an order under the Access To Neighbouring Property Act from about 1992 every time they want access. It will be granted as they have the right to access for "preservation" (but not new build) works on their own property under this legislation but it will make them look pretty silly in the eyes of the court.

Cheers

lostinrates

keystone wrote: »

The alternative (which takes a bit of nerve) is to deny them access because of their unreasonable behaviour in the past so that they are forced to apply for an order under the Access To Neighbouring Property Act from about 1992 every time they want access. It will be granted as they have the right to access for "preservation" (but not new build) works on their own property under this legislation but it will make them look pretty silly in the eyes of the court.

Cheers

N'uhuh, I'm about to apply for planning,so cannot be too strident! And really I don't want to be. They are just a really poor council I think (it took 4 months to get a rubbish collection sorted!).

I have asked again today for a knock on the door before entering, and they said they will be in again Monday or Tuesday. That's fine by me,so no point being difficult for the sake of it, so now I wait till next time after that and see what happens I think.

Thanks for assuring me I was not being totally unreasonable.:o

pimento

What kind of boundary is it that takes so mch time and effort to keep in good order?

lostinrates

pimento wrote: »

What kind of boundary is it that takes so mch time and effort to keep in good order?

There is a fence,a wall and a farm building on the boundary. Last week they stripped the ivy off my sie of the building (which I understand but I loved it ) and another day bitumined something on the building, and not sure what they were doing today or next week.