We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Property Access

csswiift
csswiift Posts: 76 Forumite
Fourth Anniversary 10 Posts Name Dropper
edited 13 April 2023 at 7:33PM in House buying, renting & selling
Thoughts…

I’ve purchased a property which benefits from a private front terrace as the entrance but the rear garden belongs to a neighbour. We have no access from our property (which is no issue for me).

Our title deeds state that we have access to the garden to to maintain our rear windows (again, no issue).

However, we have arranged for Open Reach to install broadband which is installed via the rear of the property and will require a small Open Reach box to be installed under our window (facing into the neighbouring garden but attached to our building). 

The neighbour has complained and say that they don’t want the box on our building facing into their garden. The box is a few inches in width and length. Can they stop us from installing the box?

Any help and advice is much appreciated.

Comments

  • user1977
    user1977 Posts: 19,496 Forumite
    Eighth Anniversary 10,000 Posts Photogenic Name Dropper
    Hopefully not a daft question, but does the box have to go there?

    I presume the wall is common property (i.e. it serves your property and flats upstairs)? Strictly speaking, any changes to it (other than maintenance) require consensus from all the owners. And if your neighbours own all the land in the back, anything mounted on the wall is going to encroach into their airspace. Unless there's anything more specific in the titles.

    But as utilities tend to have various overriding rights, I wonder if Openreach might have the power to stick their boxes and cables where they like - they probably ultimately can do that, I'm just not sure if there is a process they'd need to go through. Might be something to ask them, if you haven't already.
  • propertyrental
    propertyrental Posts: 3,391 Forumite
    1,000 Posts First Anniversary Name Dropper
    If the border between your property and your neighbour's property is the rear wall of your buildig (and the land the other side of your wall constitutes the neighbour's garden), then yes, the neighbour can prohibit you from trespassing on his land by installing a box that will cross that boundary (your rear wall) and hang over his land/garden.

    So the key question is, where does your property end (on your deeds) and his begin (on his deeds)?
  • theartfullodger
    theartfullodger Posts: 15,986 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Who owns the freehold??  How many people??
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.4K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.4K Spending & Discounts
  • 247.3K Work, Benefits & Business
  • 604K Mortgages, Homes & Bills
  • 178.4K Life & Family
  • 261.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.