Access

MelBourne

I need access to a neighbouring garden to cut my hedge. Can access be refused?

crazyguy

Go and politely ask them, of course they can refuse you but if yo ask nicely they may say yes, if they say no then you have no choice other than to leave it.

MelBourne

Empty house. I asked the estate agent who hasn't got back to me.

I posted because I vaguely thought there was some law stating you have to allow access for maintenance of your property. Maybe not then.

crazyguy

MelBourne wrote: »

Empty house. I asked the estate agent who hasn't got back to me.

I posted because I vaguely thought there was some law stating you have to allow access for maintenance of your property. Maybe not then.

If its empty then go ahead and do the work you want to do.

Farway

MelBourne wrote: »

Empty house. I asked the estate agent who hasn't got back to me.

I posted because I vaguely thought there was some law stating you have to allow access for maintenance of your property. Maybe not then.

I suspect you are thinking of the Party Wall act

But as the property is empty, as crazyguy says, just go ahead

djohn2002uk

Farway wrote: »

I suspect you are thinking of the Party Wall act
But as the property is empty, as crazyguy says, just go ahead

Not necessarily. You are allowed access to the land next to yours for various reasons, one being maintenance of or unblocking of drains affecting your property.

glasgowdan

Don't be so timid... who is going to bother you if you go if it's empty!

System

The deeds to your property and to the property next door may have a clause which says something along the lines of you have rights of access at any reasonable time (by agreement) to maintain boundary walls, fences or hedges and also to maintain drains, gutters, downspouts and other utilities that are near to or cross the boundary line.

If the deeds do not have such a clause, then without the owner of the property (or their agent) giving permission, you may find that if you went ahead, you could be trespassing.

Note, the deeds will also identify who is responsible for the maintenance of each boundary. I assume you know this hedge belongs to your property, since cutting a hedge that belongs to another property would not be allowed unless it had grown over the boundary line into your property.

taxsaver

Trespass is a civil offence and as such the only remedy is for the other property to sue you for damages (very unlikely) and as you won't actually be causing any damage, assuming it is your hedge/fence then you have no problems.

I agree with others and would simply go ahead.

MelBourne

BAA1 wrote: »

then without the owner of the property (or their agent) giving permission, you may find that if you went ahead, you could be trespassing.

That's what I was worried about. I'll keep chasing the agent. I can't see why the vendors should object.

MelBourne

taxsaver wrote: »

Trespass is a civil offence and as such the only remedy is for the other property to sue you for damages (very unlikely) and as you won't actually be causing any damage, assuming it is your hedge/fence then you have no problems.

I agree with others and would simply go ahead.

Thanks. Interesting.