Buying a house where neighbour has rights to enter our land for repairs, maintenance etc

visi

We were hoping to buy a house, and we have only just found out that the neighbour would have right of access automatically, with only 48 hours notice, for maintenance repairs and so on.  We are thinking we may have to pull out of the sale, because they could have the free run of our garden, for putting up scaffolding, storing materials and goodness knows what without having to ask us or apply to the County Court.  There is mention in the Deeds of a "Deed of Release" but when we asked our conveyancing solicitor to explain what this meant he went slightly berserk and suggested we get another opinion.  He appeared to be dead against us!  We are not bad neighbours and would be reasonable, but we don't want to have this hanging around our necks, unable to plan anything for the very small garden, or put a summerhouse in it, in case we suddenly get a letter from the neighbour telling us that in 48 hours we will have scaffolding, heavy machinery, piles of building materials in the garden!  Our conveyancer would not even explain the phrase in the Deed about a "Deed of Release".  We know you can apply to the CC for access for repairs but this is not the 1992 Act, but bypasses it and we would have no argument or say in the matter.
What should we do?  Any advice?  Anyone else been in this situation?

MalMonroe

I would definitely withdraw, as that sounds absolutely horrendous. In the past I've lived in properties where my neighbours didn't have any legal rights at all but still made use of my garden, driveway and paths and so did their children. Thinking about it now, I'm a bit mad at myself for not complaining to them at the time. If people DO have legal rights, it'll be an absolute nightmare. This should have been disclosed to you before now. 

Oh and what you say here, "when we asked our conveyancing solicitor to explain what this meant he went slightly berserk and suggested we get another opinion" prompts me to say sack him. He doesn't deserve any clients!! Think about it, you're paying him and yet he has the nerve to speak to you like that. No. He's suggested you get another opinion, just get another solicitor.

My advice about whether or not to buy this property is RUN, run like the wind!!

AnotherJoe

What woudl they be maintaining? Is there a house or other structure right on your boundary? Ora path or similar that leads to theirs?

zemarcopolo

How long has the right been established?
How long have the neighbours been there?
Has there been any problems about that in the past?
I think you are thinking too much about the worst case scenario. Under normal circumstances, even when the neighbour doesn't have legal rights,  it is customary to allow them to access your land if it is necessary for their repairs. 

Falafels

Don't worry.

As you are aware, under the 'Access to Neighbouring Land' Act 1992, it's standard for people to have access to neighbours' gardens if necessary to facilitate repairs and maintenance to their properties. It doesn't usually get as far as the County Court, as reasonable neighbours don't have a problem with it. I've been in the situation where my builders needed to get into next door's garden to fix a bit on my roof, which they did with no issues, and also I've given permission to builders putting a roof on a converted property at the back to put scaffolding in my (also very small) garden. In that particular case, I also got them to remove my garden rubbish and replace a couple of fence panels free of charge while they were at it. Both scenarios were non-issues.

If you have a very small garden, it's highly unlikely that your neighbours would be putting scaffolding, heavy machinery etc into it. Unless their house is semi-derelict, it's highly unlikely they'll need to use their entitlement that frequently in any case.

You do need to be aware that whatever property you buy, the 1992 Act still applies to both yourselves and your neighbours. It's not something you need to perceive as 'hanging round your necks'; it's just there to facilitate property maintenance and you may well need to avail yourself of it some day.

One thing to consider is that if your garden is really that small, check that you don't need planning permission for a summer house: https://www.summergardenbuildings.co.uk/faq-summerhouses.html#:~:text=The%20majority%20of%20summerhouses%20and,high%20with%20an%20apex%20roof.

Unless you have another reason for withdrawing from your purchase, carry on with it. 

comeandgo

I thought everybody had that right.

AnotherJoe

comeandgo said:

I thought everybody had that right.

Not at just 48 hours notice surely? And it would depend what was being done. Stand on your lawn to fix a fence ,probably. Put a massive crane in your garden, probably not.

ProDave

I get the right of access for maintenance, very common where say a house wall is on or very close to a boundary and the only way to get to it is a ladder in the neigbours garden.

How are you getting from that to worrying they have a right to store building materials and machinery in your garden? Or you can't put up a shed in case it happens to be in their way?

Best look for a detached house in about 1 acre of land where all other properties are a similar distance from the boundaries so you are not troubled by such a thing.

davidmcn

You seem to be overthinking this. Why do think it at all likely that in practice you'd only get 48 hours notice of significant work going on? 

jimbog

visi said:

 when we asked our conveyancing solicitor to explain what this meant he went slightly berserk and suggested we get another opinion.

Was this a solicitor recommended by the estate agent or developer by any chance?

TBagpuss

It's reasonable for you to look at the wording and make sure you understand it, but as others have said, it's probably not as big an issue as you think.
If you have the exact wording then people here may be able to comment on what it would or wouldnt include.