Neighbour wants access for repairs after harassment

Bendy_House

Don't be panicked into acting before you are happy just because they are claiming it's 'the law', or threatening action. Action will take time and be hassle for them - let them get on with it if they wish.

You will have plenty of notice, and - worst case - all you'll have to do is 'conform'. If they do use solicitors for this, you'll have the opportunity to explain the reasons for your concerns and why you require reassurance - I would outline all that they have done, and the police involvement, for example. Always good for all parties - like the solicitor - to know what they are actually dealing with, the next time they communicate with your delightful neighbour.

Section62

Bendy_House said:

...If they do use solicitors for this, you'll have the opportunity to explain the reasons for your concerns and why you require reassurance - I would outline all that they have done, and the police involvement, for example. Always good for all parties - like the solicitor - to know what they are actually dealing with, the next time they communicate with your delightful neighbour.

That assumes the solicitor believes the OP in preference to whatever story their client has told them.

In my experience most legal professionals take a six-of-one position regardless of what they are told, albeit they will use kind words when discussing the case with their client.

Describing the previous harrassment needs to be done in a concise and definite manner - with practical examples which might be of use in court if things go that far.  The suspicions and hurt feelings-type stuff isn't much use.

Bendy_House

Section62 said:

Bendy_House said:

...If they do use solicitors for this, you'll have the opportunity to explain the reasons for your concerns and why you require reassurance - I would outline all that they have done, and the police involvement, for example. Always good for all parties - like the solicitor - to know what they are actually dealing with, the next time they communicate with your delightful neighbour.

That assumes the solicitor believes the OP in preference to whatever story their client has told them.

In my experience most legal professionals take a six-of-one position regardless of what they are told, albeit they will use kind words when discussing the case with their client.

Describing the previous harrassment needs to be done in a concise and definite manner - with practical examples which might be of use in court if things go that far.  The suspicions and hurt feelings-type stuff isn't much use.

Absolutely. And, as I'm sure you know, I have always emphasised being purely factual and unemotive in such events.

Solicitors are human. They don't just do the bidding of their client - tho' they usually will if their hands are greased enough - but will usually also advise. If the neighb is ranting about "I want access - NOW! These folk are just being awkward!", then - knowing the background story - a good solicitor should advise some sensitivity and care, since they know the other party has good call to be cautious.

Brie

As I understand it the cctv will only be helpful if the neighbour decides to come on to your property.  And there should be no reason to do so as I would guess they can't actually see the roof while standing on the ground.  The roofer won't be allowing them to clamber up the scaffolding as that's likely to be well beyond what their insurance would cover. 

I do suggest you take a lot of still shots of the garden/patio/your side/gate to ensure you have a record of the actual state it is in before the work begins.  Any portion of your walls that might be knocked with scaffolding should be recorded as well.  And once the scaffolding is in place take another set of close ups to record how well it's been done - whether there are boards under the poles etc. 

If your gate has a lock on it (I'm assuming it might with your neighbours...) ensure that the roofer knows how to properly gain access and get agreement on how they will lock up when you are not available to do so.  

Offer the roofer mugs of tea and biscuits to show that you're the "good guy" in this scenario.  Or offer a job of clearing your eaves what with all the leaves blowing about and them being up that high anyways.

insomniac-uk

New update.

The roofer came to see my neighbour, I heard them talking, they were really loud and were standing by house, discussing how to put up scaffolding from my neighbours garden as I was being difficult. It's possible it just meant some of their plants, a shed would have to be moved and their window blocked.

I decided to call the roofer myself (another unpleasant conversation as he obviously didn't want to speak to me). But he did say he didn't need access from my property, not even to clean the gutters so it can all be done from my neighbors garden.

So I'm just waiting for my solicitor to get back to me. I'm guessing the Neighbouring Land Act 1992 doesn't apply as they have other access points? I'm not sure how to reply to them, so I can protect myself from any other threats of going to court.

I just don't understand why involve me if they can do everything from their own side.

As for the past harassment 70% was notes passed though my letterbox. They even kindly send me photographic evidence showing me which days I was too close to the fence or in the garden  (I had no idea they were filming me from a camera phone). Other times I caught them and filmed back.

Brie

insomniac-uk said:

I just don't understand why involve me if they can do everything from their own side.

Because it gives them pleasure to annoy you would be my first guess.  And likely the roofer said "well the easiest thing would be to put the scaffolding there (your property) rather than having to move a shed".  

I'd still take a load of pictures just in case things get dropped from a height.  But if the net result is a hammer and a shattered shingle I'd say just sweep it up and hand it to the roofer rather than get in a twist about it. (assuming no one gets any of it landing on them of course.)

Bendy_House

That's the ideal result, Insom.

It can be galling, since it would appear that this roofer has been fed a line by the neighb and seems to have swallowed it. If so, that's just the way it is. It doesn't matter - you will not cross their path again.

You just carry on being 'normal'. Don't shirk away from contact, and don't invite it - just 'normal'.

If, say, with normal human beings, you are out in your garden and the roofers next door are busy working away, what would you do? Would you call out "Hello! How's it going?!?" If so, that's what to do.

If they clearly rebut you, then you can do the 'normal' things of either ignoring them, or - in a friendly manner - ask if there's a problem. These are both 'normal', and will largely come down to how 'assertive' or 'friendly' the person is.

Don't lose track of the fact that you are 'normal', and your neighbour is not :-)

How they then respond could be enlightening. If they are still not engaging at all, then it's perfectly fine to continue being matter-of-fact: "That's ok - you don't need to respond! I guess my lovely neighb has being saying stuff, and you've chosen to believe them?! No worries - that's entirely up to you..." Walk away, and forget about them. If they reply, then you can engage if you wish, in a calm and factual manner. You can explain to them everything that's being going on if you wish... Absolutely counter any misinformation; "Hmm, that is actually not true. I DID give permission, but since my neighbour is guilty of repeated harassment, then it was reasonable of me to add some caveats..." Whatever you want to say - as long as it's delivered in a reasonable and matter-of-fact way, and is factual.

Or, just ignore them.

insomniac-uk

I'm just sending them a note in the morning, I was too annoyed to write anything today. I'm just going to tell them. I spoke to your roofer he tells me he doesn't need access from my house, as you don't need access from my property anymore I feel the matter has been resolved. Hopefully I don't hear from them again.

I'm still putting a camera up, just in case.

I don't blame the roofer, the neighbours can be very nice when they want to be and their narrative is we are the horrible people next door. None of the neighbours nearby like them either, they have had small dealings with them and just stay out of their way.

I probably won't see the roofers, I don't usually go in the garden or I'll probably be at work anyway.

Bendy_House said:

Don't lose track of the fact that you are 'normal', and your neighbour is not :-)

This is so true, until last year we had a friendly relationship with them, and they just flipped overnight. It makes you feel like you have done something wrong and you do start avoiding contact for a while.

I just want to thank everyone again, I couldn't go to my extended family or friends for advice as they just told me to deny access outright but they don't understand unfortunately sometimes the laws wont let you.

Bendy_House

You've said something very pertinent there - ' they can be nice when they want to be'. Man, have I seen plenty of that!

Very 'plausible', these dysfunctional folk. Actually very devious. Folk like that can make you doubt yourself with the way they twist things. It can be very frustrating 'knowing' they are seemingly getting away with complete BS. But just try and accept that they are, and will always be, hollow, deluded folk, completely phony. They ARE miserable, even tho' they put on a swagger - it's all delusion. They are fixated on feeling wrong done by, and others getting one over them. They basically cannot relax. See that smirk? Complete delusion.

Largely ignore them, but DO challenge them, assertively and openly, if they give you cause, and if you want to.

 If anything happens regarding the roofer that brings you into communication contact - say they drop tools, materials, whatevs into your garden, or even ask if they can quickly put up a ladder, then obviously be polite and normal with them. If they behave 'weirdly', if you suspect they've been fed a line, you are welcome to ask them, with a smile on your face, if anything is up. You are free to say anything factual about the situation between you and the neighb. Keep it evidence-backed, ie who it was the police told to C&D, for example. This is not a secret, and the neighb does not deserve to have it kept so. YOU have nothing to hide.

Just judge it according to what suits YOU, but otherwise let it wash off yer back. 

diystarter7

OP. Easier said than done and two wrongs don't make a right. Consider all requests rationally, sleep on it, possibly consult another roofer or the one doing the job. Often the tradesman/etc just want to do the job, get paid and move on and often be netural and polite. Do not say anyhting negative to a third party even if it factual as it just winds people up if the thrid party tells the people you have had problems with

Re the note was the word "MAY" in there ie 'may need access'?

Not getting on with next door/garden backing on to your is a nightmare. Therefore, if you are like us ie want to live a peaceful life, at times you have to be a bit more than reasonable for a quieter/safer life, though many may disagree with this, we've found this to be the best option as some people can get very nasty over anything and everything.