Neighbour wants access for repairs after harassment

TripleH

You have not refused them access to your property, why would your neighbours need to go on your property?

How did you send the request, was it by email? Keep it in case a few years down the line they try to claim 'your refusal to grant them access has caused damage to their property' when your response will be 'I gave permission with reasonable terms, they refused'.

GrumpyDil

Nice neighbours! In theory if they 'need' access to carry out the repairs they could go to court and there might be some requirements to allow access for necessary repairs in the title deeds, which might be worth checking.

That said I don't think any of those requirements are unreasonable so suspect any legal action would be laughed out of court anyway.

What might be worth doing would be to write a letter outlining the basis on which you are willing to allow access, filming you putting it into an envelope and then posting it by Royal Mail with proof of posting (NOT signed for) as that could then be used as evidence of the basis on which you agreed access should this ever go legal.

Woolsery

m0bov said:

Might be worth putting up cctv just in case a rouge roofer suddenly appears.

I wouldn't hold it against a roofer who wanted to wear make-up, but my guess is they'd be few and far between.

PS. The Access to Neighbouring Land Act means a neighbour can achieve access for essential repairs via the courts, but in this instance their agent is the one who is asking for scaffolding on the land, and it seems reasonable to allow this subject to the conditions proposed.

insomniac-uk

Thank you, reading your comments has put my mind at ease. I would still give them access if they agree to my terms, I just want it in writing that they will respect my property and pay for any damage, I think that's the term they don't want to agree to.

We communicate through notes sent through the letterbox, I keep every note and make sure all the notes are dated, I'll send another through Royal mail too.

I'm pretty sure they can get the work done by not using my garden, its just easier for the roofer, also it would just be more costly as they would need taller scaffolding and it will damage their plants.

TripleH

Good idea to keep the notes.

From what you have said, you are not refusing access, you are merely wanting to not be put in a worse position by allowing a third party to access your site to undertake work on another property that gives you no apparent benefit and that should be your arguement.

I assume the most likely expected negative impact would be the footprint of scaffold legs on your garden possibly to the detriment of the ground beneath, which coming up to winter is likely to be minimal, so you are unlikely to have anything to claim, but are covering yourself for a worst case scenario?

insomniac-uk

The floor is paved so that's not a problem, we have a few ornaments in the garden, a wooden gate, I'm not too worried.

I just don't trust them anymore, their behaviour last year was the worst, like you said I just want to try and protect myself from worst case scenario.

Bendy_House

insomniac-uk said:

Thank you everyone for you help, I really appreciate it, sorry but I'm back again with more questions.

I read everything that was written and wrote to my neighbours. I gave them a list of terms before I will give permission for repair work, which I signed and asked them to do the same, but they refused and just said we are breaking the law by not giving access. I just want to now if my terms are unreasonable before I have to go any further.

Below are the terms, I didn't stop permission for the surveyor and a roofer that came for a quote just not any repairs, until they agree

- They do not have permission to enter our property or talk to any occupants in person, only the roofers are allowed on our property.

- Any damage to our property during the work they have to cover the cost including labour and materials

- Any rubbish left has to be removed after the work is done, or they have to pay for a 3rd party if there is some left

- Roofers name, copy of insurance

- Estimated time to complete work and where the scaffolding will be placed.

- I must be told 24 hours in advance before the repairs start

Sorry if it doesn't make sense, I get really stressed with dealing with the neighbours

There is nothing unreasonable there, but most of it should be a given in any case - ie, if a tradesperson causes damage, they should put it right, or compensate you. So, yes, you want to know the full details of their chosen roofer, so you can check them out.

The only 'unusual' term there - but perfectly reasonable in this case - is that the neighbours themselves are not permitted on your land. Stick by that, and explain to anyone concerned why. I have found that unreasonable folk hate to be outed for their behaviour like this. It isn't slander or anything like - just facts, and given for valid reasons.

A camera is not a bad idea either -they are not expensive, and many record - looping - on a built-in SD card. A 128GB should record at least a week's worth before being over-recorded, so if you notice anything, you have time to access and download it. Usually WiFi too, so you can monitor on your phone.

Completely ok to cover your land and anyone within it within the camera angle. It's actually (surprisingly) ok to record other people's property too, provided you can justify it, you put up warning signs, and treat the recordings with respect - ie don't stream or share. Any 'incident' picked up will then assist in any legal/civil case. (The neighbs would also have the right to request any clips that show them - but there shouldn't be any unless they trespass! So that's what to say to them if they complain - no CCTV signs needed as only my land is covered. If it records you, you'll know why...)

They can shout 'breaking the law' as much as they want. Ultimately, they can force you, but that would be quite a hassle for them. In any case, you are not refusing this access, but are just adding that caveat - THEY must not cross the line.

Your other massif lever - if the roofer has told you (or if it's pretty clear) that access is not essential for these repairs, you can tell the neighbour where to go. So, you can use that as an ultimatum; "I am happy to provide access to your roofer on the following conditions; blah blah blah - but reserve the right to refuse access as the work can be carried out from within your own boundary. What's it gonna be, eh? EH? EH?!" (Soz - got carried away)

Any bolshieness from this neighbour, then you can legitimately tell them - 'sort it all out within your own land, then'.

Of course, once access is granted and work is underway, you are pretty much stuffed and would find it hard to enforce anything such as work duration, or possibly even if the neighb decided to wander in... You could tackle it, but it would be complex and time-consuming.

Have we asked - do you have Legal Protection on your insurance? If so, call them up for guidance.

And if the neighb did come in to your garden after you expressly refused them permission, I think that could be seen as a clear attempt at repeat harassment, so a call to the local Bobby may be in order.

Hopefully it won't come to this.

J63320

insomniac-uk said:

The floor is paved so that's not a problem

Just make sure that the scaffolders put something under the poles that stand on the ground, or you might get unsightly rust marks that can be hard to remove.

DE_612183

In this situation I think I'd refuse point blank - the neighbour will probably try to come round under the guise of 
2inspecting the work he's paying for" so it would be a no from me unless you get that agreement for him not to come onto your peoperty

TripleH

I'm sure when our cctv was setup, whilst the camera overlooks our neighbour's property (camera looks down side of houses), it is setup not to respond to any movement coming from their property. So should only record if there is movement on our property?!?