Neighbours Right of Access to Maintain their Property

Northernsoul123

Hi all,
We moved to a new house last year - a semi-detached with drive to side. The neighbours had built an extension to their house a couple of years before we moved in; their extension takes up their entire drive running alongside ours so they can now only access their garden through their house. We found it surprising they had built the extension right up to maybe 4 inches from the boundary line and then the 4 inches was a drainage gutter on the ground so that goes right to the actual boundary. Their back garden currently is a tip following the building of the extension and it currently has no fence to the side so is open to our drive. 
We had said to each other once moved in that we did not see how they were going to maintain this guttering as they had left no space to do so on their own land. Our solicitor had never raised anything though during purchase.
When we moved in the wife came round and said "Can we use your driveway?" I was a bit taken aback and said, "What, do you mean temporarily?" and I noticed what seemed like a look of annoyance. She then said, "We are laying paving on the front garden and are not supposed to walk on it for a few days." I said yeah, that's fine then so long as it's temporary - I thought you meant ongoing and laughed. So for a few days they were walking down our drive and cutting through into their back garden.
A couple of weeks later I noticed there was soil all down our driveway. I realised the neighbours must have been using our drive when we were out rather than going through their house. A week or two later we came home to find they had been clearing out and weeding the gutter i.e. had again been on our drive.
I looked in to this and was surprised to find that they do indeed have a legal right now to come onto our drive to maintain their new extension and I find it rather unfair that the law allows this because someone has been so selfish as to build right up to the boundary. They should however be asking us for permission and only using it for essential maintenance. They haven't asked us at all and this is what in particular I find out of order. They appear to have used up their own driveway and now want to access ours. 
We know we can refuse access and force them to seek a court order which we believe will be granted in their favour but they may also be then told to pay us compensation. However, this will then show as a dispute should we re-sell. 
How would you deal with this? We can block the access from their back garden with a fence and intend to do so but this won't stop them coming through the front to do whatever they see fit to the side of the extension and guttering. Guessing we should just confront them and say please ask our permission before coming on to our drive?
And should our solicitor not have told us about this when we purchased the house? I can't help feeling this has in some way damaged the saleability of our property if it comes up with a prospective buyer, "Oh and the neighbours will be coming onto your drive periodically to do maintenance work." It seems unfair this is allowed by law.

Grumpy_chap

Northernsoul123 said:

Hi all,
We moved to a new house last year - a semi-detached with drive to side. The neighbours had built an extension to their house a couple of years before we moved in; their extension takes up their entire drive running alongside ours so they can now only access their garden through their house. We found it surprising they had built the extension right up to maybe 4 inches from the boundary line and then the 4 inches was a drainage gutter on the ground so that goes right to the actual boundary. Their back garden currently is a tip following the building of the extension and it currently has no fence to the side so is open to our drive. 
We had said to each other once moved in that we did not see how they were going to maintain this guttering as they had left no space to do so on their own land. Our solicitor had never raised anything though during purchase.
When we moved in the wife came round and said "Can we use your driveway?" I was a bit taken aback and said, "What, do you mean temporarily?" and I noticed what seemed like a look of annoyance. She then said, "We are laying paving on the front garden and are not supposed to walk on it for a few days." I said yeah, that's fine then so long as it's temporary - I thought you meant ongoing and laughed. So for a few days they were walking down our drive and cutting through into their back garden.
A couple of weeks later I noticed there was soil all down our driveway. I realised the neighbours must have been using our drive when we were out rather than going through their house. A week or two later we came home to find they had been clearing out and weeding the gutter i.e. had again been on our drive.
I looked in to this and was surprised to find that they do indeed have a legal right now to come onto our drive to maintain their new extension and I find it rather unfair that the law allows this because someone has been so selfish as to build right up to the boundary. They should however be asking us for permission and only using it for essential maintenance. They haven't asked us at all and this is what in particular I find out of order. They appear to have used up their own driveway and now want to access ours. 
We know we can refuse access and force them to seek a court order which we believe will be granted in their favour but they may also be then told to pay us compensation. However, this will then show as a dispute should we re-sell. 
How would you deal with this? We can block the access from their back garden with a fence and intend to do so but this won't stop them coming through the front to do whatever they see fit to the side of the extension and guttering. Guessing we should just confront them and say please ask our permission before coming on to our drive?
And should our solicitor not have told us about this when we purchased the house? I can't help feeling this has in some way damaged the saleability of our property if it comes up with a prospective buyer, "Oh and the neighbours will be coming onto your drive periodically to do maintenance work." It seems unfair this is allowed by law.

It is quite usual to have rights to access the neighbouring property for maintenance purposes.  The exception would be if the access was not permitted.

Is the drive to which you refer yours or shared?
If it is yours, you can erect a fence at the rear boundary adjoining the next door garden.  You can also consider access gates at the front which are locked from time to time.  

HampshireH

How would your solicitor have known they don't visit properties.

So unless you looked and asked them the question I can't see how they could have told you

Bookworm225

you seem to be wanting to war with your neighbours in an unrecoverable manner over a trivial matter, rather than make friends with them and enjoy your new home?
"selfish" 
"out of order"
"force"
"block"

have you invited them into your home and tried to make friends?

anselld

The right would only be for essential maintenance which is impossible to do some other way, ie the side of the extension.  It would not be allowed for random to and fro to the back garden just because it is inconvenient to go through the house.

Northernsoul123

Thanks for your replies.
Yes it is our drive.
I was under the impression solicitors should inform you of anything which might impact your decision on whether or not to purchase a property.
In all of the houses I have ever lived in (10 or so) I have never once had a neighbour want to access my land for any reason - guess I have just been lucky then if it is so normal! Wouldn't you expect them to at least ask first? As I say, that's not really the only problem; they are using the drive as if it is their own. The locked front gate is a good idea but would make it difficult for other visitors/couriers etc.
A fence will be going up to block off the garden.

Northernsoul123

Bookworm225 said:

you seem to be wanting to war with your neighbours in an unrecoverable manner over a trivial matter, rather than make friends with them and enjoy your new home?
"selfish" 
"out of order"
"force"
"block"

have you invited them into your home and tried to make friends?

Why is it trivial to have someone traipsing up and down your drive with wheelbarrows full of soil when they have deliberately waited until you have gone out to do it. Can I come and have a wander about in your back garden when you're out as you are so relaxed? 😀 They are rude and yes out of order.

bouicca21

The least they could do is to clear up their mess.

Dustyevsky

Northernsoul123 said:

I was under the impression solicitors should inform you of anything which might impact your decision on whether or not to purchase a property.

They should, where that 'anything' is not something visible to the potential buyer appraising the property first hand. e.g. a legal restriction of some kind, or a previous history of underpinning

The solicitor is not expected to predict how others might behave unreasonably, or to gauge if the garden is secure. Spotting or dealing with those matters is a purchaser's responsibility.

Of course, being firm about access may lead to a disagreement. That's why the Access to Neighbouring Land Act exists to ensure periodic, essential maintenance is still possible. It is not something a neighbour can use to simulate a right of way, so if they think it is, their belief must be challenged.

Northernsoul123

Dustyevsky said:

Northernsoul123 said:

I was under the impression solicitors should inform you of anything which might impact your decision on whether or not to purchase a property.

They should, where that 'anything' is not something visible to the potential buyer appraising the property first hand. e.g. a legal restriction of some kind, or a previous history of underpinning

The solicitor is not expected to predict how others might behave unreasonably, or to gauge if the garden is secure. Spotting or dealing with those matters is a purchaser's responsibility.

Of course, being firm about access may lead to a disagreement. That's why the Access to Neighbouring Land Act exists to ensure periodic, essential maintenance is still possible. It is not something a neighbour can use to simulate a right of way, so if they think it is, their belief must be challenged.

Thanks for this. I was more thinking the solicitor might have noted to us that an extension runs directly along the boundary and that we should be aware that for this reason neighbouring homeowners would legally have access to our driveway.

Having read up more on these things now, all advice is NOT to build right up to a boundary like this and to leave about a foot of space so that this sort of issue does not arise but there is ultimately no law against it (although I believe there used to be in the past).

As I now understand it, the law states that the neighbours wishing to come on to our driveway should request this in writing and make an arrangement with us to do so. It's a shame they didn't even just ask could they use the drive while they sorted their garden and ongoing to do essential maintenance and ask us when that would be convenient because that would have been fine. 

Newbie_John

I'd say they can use driveway for £10/day.
Get it signed, put a camera and bill them.
If they don't want to sign, park a car there.