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

visi

AnotherJoe said:

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

The houses are packed quite close together in a small Cornish village.  It would be difficult for the house next door to repair or maintain the roof for instance, without putting a ladder or scaffolding on our land.  The problem is that if the legal right of access exists, and say he wanted to renew the roof, he would be able to have building materials, a skip and goodness knows what else put in our garden!

comeandgo

visi said:

AnotherJoe said:

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

The houses are packed quite close together in a small Cornish village.  It would be difficult for the house next door to repair or maintain the roof for instance, without putting a ladder or scaffolding on our land.  The problem is that if the legal right of access exists, and say he wanted to renew the roof, he would be able to have building materials, a skip and goodness knows what else put in our garden!

They would have to return your garden to the state it was in prior to their work starting.

visi

zemarcopolo said:

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. 

There have been no problems during the tenure of the current owner - about 8 years.  
There are two different things - a "customary" right to access your neighbours property for repairs and maintenance. You would need to ask them, and if they refuse you would be able to go to the county court.  The court would listen to the reason why you think it unreasonable to let them have access.  It could go either way.  Fair enough.  But this is a possible definate right that may have been granted, which is different.  The neighbour does not have to ask your permission or go to the county court.

elsien

What has led you to believe that right of access means you’ll have a garden full of skips and heavy machinery? 

Access to put scaffolding up yes; I struggle to believe that also includes turning your garden into a builders merchants. Do they not have their own garden to store said building materials?
And how often do roof repairs happen to that level?
I also think you are overthinking it. 

Thrugelmir

Find another property in a more suitable location. Little point in going over and over the same thoughts. Nothing is going to change. 

davidmcn

visi said:

AnotherJoe said:

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

if the legal right of access exists, and say he wanted to renew the roof, he would be able to have building materials, a skip and goodness knows what else put in our garden!

Because the deeds say so? Or because you're assuming that a right of access includes the right to plonk skips etc on your land?

visi

AnotherJoe said:

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

AnotherJoe said:

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

It's not a path or right of way.  It's for maintaining their property which backs onto ours.  I would not mind, if they asked us first (and this right means they don't have to) and I could say, well, you can do this but not that.  They have this right over the whole garden.

visi

Falafels said:

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. 

The 1992 Act I have no problems with.  This is not about that Act, it is a separate right of access and there appears to be no way of arguing with it.  It's like...48 hours notice and we are going to do this and this whether you like it or not.
Thanks for the summerhouse link.

Singlespeeder

We too are looking at a house where the neighbour legitimately has no access to his own pretty big back garden other than through his house , or through our garden. They have a Right of Way to "pass and repass with or without a wheelbarrow" .... I get this. I'm pretty sure this doesn't entitle him to put a skip on our drive or bring an excavator through the back garden, it's just for access.... we're still buying the house. 
I guess it's all in the wording of the easement.

davidmcn

visi said:

Falafels said:

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. 

The 1992 Act I have no problems with.  This is not about that Act, it is a separate right of access and there appears to be no way of arguing with it.  It's like...48 hours notice and we are going to do this and this whether you like it or not.

Many rights of access don't specify any period of notice - that doesn't mean that in practice neighbours can barge in without advance warning. You have to assume people will behave in a relatively sane manner.

The flats downstairs from me have a right of access through my flat to repair the roof. No minimum notice period specified. Doesn't mean I need to leave my door unlocked!