Access to my property by neighbour.

Soconfused14

Finally after many years, my next door neighbour is coming to the end of the DIY on his home. They had an extension built which we allowed builders to come onto our land. They are currently having new fence put up. Again we are allowing access.
However Im really fed up with it all now as they continuously block the drive with builders and also family and friends. And my garden is an absolute mess now as they have destroyed my plants with the new fence posts. 

Ive had enough, so in future its my plan to not allow access anymore. I believe I only have to do this if its "essential"maintainence and only with a court order. Im not trying to be awkward but they have a way of assuming I will give access etc and I no longer want to.

Apart from them being annoyed with me, is there anything they can do about this??

Mark_d

Have you spoken to the neighbour about the impact their home improvements have been having on you?  I can't see your refusal to cooperate with them resulting in good neighbourly relations.

Flugelhorn

I would be tempted to say something like:

"marvellous to see you have had all the work done now and the new fence put it, I'm so looking forward to it all being back to normal and I can tidy up the garden etc. You won't be wanting anymore access will you?"

Soconfused14

@Mark_d Yes weve said about the mess, the drive blocking etc but theyre so arrogant that they cant see how it affects us. I think they believe they have a right to do what they want, even if it involves my property. 
They never actually ask for access just let us know its happening. We`ve let them do what they neede to but now at a point where if they dont care, why should we.

Mark_d

@Soconfused14 I'd certainly be documenting everything that happened, and any conversations about the issue.  The bottom line is that your property belongs to you and they have to respect your rights.  I hope they have paid to replace your plants and rectify all damage to your garden?  It wounds like the builders have been trespassing on your land so maybe you have a claim against the builders.  You could report to he council and possibly also the police, if they prevent you from driving your car out of your driveway.

Flugelhorn

have you got a gate you can lock?

TELLIT01

I believe neighbours are allowed by law to enter your garden to do essential maintenance which can't be done from their own.  I may be wrong.

ThisIsWeird

TELLIT01 said:

I believe neighbours are allowed by law to enter your garden to do essential maintenance which can't be done from their own.  I may be wrong.

Yes - it's a pretty standard clause in most (all?) deeds.
You can refuse, but the neighbour can get a court order to force you if it's the only practical route. I suspect - but don't know - that such an order would include an outline of works, duration, what can be disturbed, etc.
In essence, inconvenience should obviously be at an absolute minimum, and everything disturbed should be restored to its previous - or agreed - condition.
In the vast majority of cases, this would simply be a request from a neighbour, and settled with a chat, discussion to include the factors above.
Clearly it isn't at all reasonable for the neighbour to be inconvenienced for an excessive period due to either it being a slow DIY project, or incompetence by a builder. 
Clearly it isn't at all reasonable for the property to be left in an unrestored condition.
Clearly it isn't reasonable to leave debris lying around.
Clearly it isn't reasonable for them to use your driveway unless given express permission to do so.
So, yes, in future you can say 'no' with some justification, and force them to have to seek a court order (no idea of the cost). But, really, give them an opportunity first to make it all good - take lots of photos, and just ask what they intend to do to make good the damage.
(Of course, in pique they could also force you to go court order...)

Soconfused14

Thanks for all the replies.
Its my understanding that a new fence is not classed as essential repairs. And that if I felt that way, I could refuse any work on our shared boundary and he would have to put the fence solely on his own land.
Im trying to be a "good" neighbour but Ive had enough now. The guys doing the fence are cowboys. My garden is covered in soil and my plants are broken. The fence is a total mess, up and down all over. 
Today was supposed to be the last day I said they could use the garden, so will wait and see. 
I think I need to get the other neighbour who shares the drive (3 share the driveway) , to also get involved as otherwise Im seen as the awkward one.

Soconfused14

@Flugelhorn yes I can lock the gate, But last week he came round whilst we were at work and showed them around the garden, our garden. This is what Im up against, sheer entitlement.

Wyndham

I think you are at a good point to have another conversation and be really, really, really clear with them. Tell them that while you have been happy for it to happen in the past, you are no longer giving permission. If they do need access, you expect them to ask, and it is not acceptable for things to continue as they have been.

Do not leave them in any doubt - be very clear, very firm.