Can my neighbour legally access my garden?

Samolly28

Hi,

I'm hoping someone can help....

I live in a terraced house, and my neighbour to the right of me (as you look at the property) has a gas meter situated within my boundaries in my back garden but on the wall of the extension on her property.

We have a wall between our gardens but it is over into my garden more than hers which has allowed a gap of less than a metre between the garden wall and her house wall and a gate has been situated there. This was in place when we bought the property but our neighbour at the time never used it to access our garden. Her meter readings were only ever done when a meter reader came and I allowed them to enter my back garden.

My neighbour now is a nightmare and is a tenant. I have tried to contact the owner about numerous issues but to no avail. The address the property is registered to he no longer resides at and despite calling every letting agent in my area none claim to have anything to do with the property.

My neighbour has regularly entered my garden without asking apparently to read the meter, but I have caught her and her partner looking through my kitchen window when they think I'm not in. She is also having issues with her boiler and a plumber insisted on access today which I wasn't happy about as he had no form of id or company logo anywhere on him or his van.

I have checked my property deeds and there is no mention of allowing access. There is a covenant on the property from the landowners which states that we must allow access and easement to party walls but our properties only join on the 1st floor and her extension does not join against us. So do I have to allow access and can I request that the meter is moved out of my property?

To add, both of our gas meters are very old and we received a letter years ago stating that we would be contacted to arrange a newer one to be installed but nothing since. Can they fit the new meter for her property within her boundary?

I would be very grateful for some assistance as I feel vulnerable being in my garden with my children. I also have dogs and I'm worried they might go for someone that just came through the gate without warning.

Thanks

elsien

Stick a lock on the gate so it can only be opened from your side. Then they have to check with you first and you can tell them when/if is convenient for you.
A random plumber with no ID has no right to insist on anything, I wouldn't have thought, unless planned/prearranged.

Samolly28

As the gate opens into her garden not ours my husband doesn't think a lock would be possible.

I initially refused the plumber access today but then relented because he threatened to call the police saying they would force their way in. I was pretty sure that they wouldn't do that but I had to go to work and I was worried about my dogs.

I allowed him to push the gate open from my side because she has failed to maintain her garden and the gate was buried under a climber and broken trellis.

Unfortunately my husband has also informed me that the gate is now broken and won't shut properly so he has had to block up the gap temporarily to keep our dogs from getting in her garden.

In honesty she is so awful I would prefer a solution that requires us to have no interaction at all. Whenever she doesn't get what she wants from us she makes threats against us on social media and to our other neighbours!

G_M

The ideal solution is to deal with this in an amicable way (the old tea and cake approach), so as to allow reasonable access at agreed times. Clearly the neighbour needs to read the meter in order to give regular 'customer readings' for billing.

I do this quarterly but some energy providers might require monthly. Given the set-up, this sems reasonable if it's the only way to read it.

I don't fully understand the set-up though eg
* is the fence on the boundary?
* who owns the boundary?
* who owns the fence?
* who owns the gate?
* is the gate in the boundary fence, or in the gap between the fence and neighbour's extension wall?

The Access to Neighbouring Land Act 1992 certainly gives neighbours rights of access in certain circumstances.

I'm sure that utility companies also have legal rights of access (can't quote the leglislation - sorry), though I would certainly not have permitted access without ID from either GasSafe or the utility compay as appropriate. Had the guy called the police (unlikely) they would certainly have demanded his ID before taking any action.

I am also pretty sure access could only be enforced via the courts, not the police.

marksoton

Samolly28 wrote: »

As the gate opens into her garden not ours my husband doesn't think a lock would be possible.

I initially refused the plumber access today but then relented because he threatened to call the police saying they would force their way in. I was pretty sure that they wouldn't do that but I had to go to work and I was worried about my dogs.

I allowed him to push the gate open from my side because she has failed to maintain her garden and the gate was buried under a climber and broken trellis.

Unfortunately my husband has also informed me that the gate is now broken and won't shut properly so he has had to block up the gap temporarily to keep our dogs from getting in her garden.

In honesty she is so awful I would prefer a solution that requires us to have no interaction at all. Whenever she doesn't get what she wants from us she makes threats against us on social media and to our other neighbours!

Woah, woah , woah.

Stop being bullied by these individuals. That's unacceptable.

Samolly28

Bullied and harassed is exactly how I feel and this has being going on for years with this neighbour.

There is no amicable solution to this with her because she is not capable of it, believe me we have tried over various issues she has caused.

xylophone

Which company owns the meters? Will you be in the first phase of smart meter roll out?

https://www.smartenergygb.org/en/how-to-get-a-smart-meter/when-can-i-get-a-smart-meter/energy-suppliers

stator

On the bright side once a smart meter is installed access won't be needed so often.

sniggings

Samolly28 wrote: »

Bullied and harassed is exactly how I feel and this has being going on for years with this neighbour.

There is no amicable solution to this with her because she is not capable of it, believe me we have tried over various issues she has caused.

Well in that case, find a way to contact the LL, as not allowing access is not going to be an option if the only way they can read their meter is to be on your property.

Pick battles you have a chance of winning.

bris

If the meter has been there for years then there will be a right of way to it.


Meters are read very rarely, it's only a problem if you make it one, let them get on with it and save all the stress over nothing.

Gigervamp

If you block access temporarily, she might complain to her landlord who will get in touch with you.