Neighbour's right of access

jackyann

This thread seems to have become a bit strange.
I have dealt with access for maintenance several times. The usual rule is that neighbours have to allow reasonable access for maintenance. Other than in an emergency (extremely rare) this means giving reasonable notice and informing the neighbour what work will be done and how it will impact on them.

Most neighbours think verbal information OK. I have given and requested written information if the work seems more complex.
For instance, if the neighbour needed to erect scaffolding, I'd want to know which firm they were using and ask what insurance was in place.

For cleaning gutters I'd simply expect a few days' verbal notice. It is reasonable to ask the neighbour to defer (eg: if they want to clean their gutters when you were planning a party). It is not reasonable (or sensible) to refuse access repeatedly or without good reason.

I have had some experience of the following: a relative of mine had a neighbour requesting access to do maintenance work to his property. My relative did not feel comfortable around this neighbour - for no justifiable reason - she arranged for him to have access to the property at times when one of us could be around with her. He has never caused a problem and we don't know if it is because she picked up the wrong vibes, or if he sees she has people around.

anniemac13

I'm not saying he doesn't have the right to maintain his property.
I'm saying I think he's being unreasonable in not informing me of work he intends to have done [barring emergencies of course], or asking for my permission (even if its a formality and I can't really refuse)

Can I insist on being given notice of any work he intends to do?

He didn't tell me about the guys washing the fascias, nor did they even knock on my door when they turned up.

And what about the secondary question of access to his rear garden through mine?
He's already used it - without asking me - to have a load of paving slabs/sand etc delivered. Is that reasonable access?
And the guys washing his fascias also trailed their hoses over my garden and climbed over the fence to access the rear of his house, again without asking me. Is that reasonable access?

I know this is beginning to sound petty, but it seems to me that he is taking for granted that he can access his garden through mine if he wants anything messy done that would otherwise have to go through his house. Being asked for permission is one thing: taking something for granted is totally different and is bordering on becoming a right, not a privilege.

esmerelda98

You are not being petty. This is disrespectful behaviour and likely to get worse (as he sees what he can get away with), not better.

He has the right to access your property in order to maintain his, but to enforce his right he must obtain a court order, which obviously will cost him some time and money. The sensible alternative is for him to ask nicely for reasonable access to your property.

I do not believe this right would extend to allowing workers to access his garden from yours. He can get building materials delivered through or over his house, it is just awkward and expensive to do so. Requesting access respectfully, saying he will put right any damage and even offering a sweetener are prudent and reasonable measures to expect a neighbour to take in that situation.

Without your permission he or his agents are trespassing. The problem is that if your are not present to prevent access, for example, if you are out at work all day, you will need to go to court to obtain your remedy. And where the damage is mostly to your pride rather than your property the amount you receive is likely to be quite modest or even minimal.

However the prospect of a court case may be enough to get the neighbour to understand the limited nature of his rights, the upset he has caused you and that it would be easier for him to just ask nicely and behave more respectfully.

In the scaffolding example you have given, you can write to him, asking him to remove his scaffolding (or any other materials) within say, 24 hours, as it is trespassing, or you will have it removed and you will pursue him for the cost of doing so. He is likely to come back at you spouting guff about maintenance rights. At which point you tell him that without your permission he needs a court order.

Having said all of this, I would start gently and only ramp things up if the softly, softly approach doesn't work. You want to avoid a nightmare neighbour situation if you can and putting some people in their place can cause them to take revenge in other ways that are more difficult to deal with.

TBagpuss

I agree. You are not being petty or unreasonable. It's not appropriate for him to be using your property in this way.

How long have you each lived there? Is it possible that he had an informal agreement with your predecessor and has simply assumed that you will be happy to grant him similar access?

Have you spoken to him at all about these issues?

As a first step, i would be inclined to speak to him, to explain that in future, if he is planning to do anything which would mean he or anyone acting for him might wish to access his property via yours that he speak to you *in advance*. Let him know that his workmen used your property to access his garden and ask him to ensure that anyone he uses in future is made aware that they cannot use your property unless you have explicitly given permission.

If you catch anyone in future speak to them, Tell them (politely) to leave your property.

Alternatively, consider putting up a higher fence and/or a gate to your drive so tat there is more of a visual barrier (and so deliveries are less convenient.

SJshah

If you are willing to speak to your neighbour, let them know that you would like to be informed well in advance before he or anyone he employs can access your property. If you don't want to speak with him, write a letter and keep a dated copy filed away too.

This is important.


I have always informed my neighbours of any work carried out that will affect them, didn't stop them from complaining and moaning after the work had completed exceptionally well. Hope you're not like that!!