Neighbour wants access to my garden

Sylviashutthatdoor

My neighbour put a shed in his back garden very close to his fence so we had 6ft willow fences panels put up on our property to hide the view of the shed. His fence was damaged during a storm in February and ended up leaning into our garden pushing our willow panels over so I had to prop up the fence with a heavy garden bench. We fell out with the neighbours a good few years ago so I emailed the council asking them to let the tenants know and ask them about repairing the fence. The council have emailed back telling me the tenant needs access to my garden to repair his fence and have asked me to remove my trellis! It’s not trellis, they’re 6ft fixed panels which are on my property which now have mature climbers growing through them.  It doesn’t seem right that I have to remove my fence because he’s put his shed to close to his fence. 

WIAWSNB

How big is this shed? Could it be moved, by prising it away from the fence a bit at a time?

Bottom line - if you want that fence repaired, then it should be done the most reasonable and sensible way, so if your panels can be removed and replaced without any issue, and if that is clearly more sensible than shifting a shed, then I'd suggest it's the way to go. 

You've fallen out with your neighbour? But not the tenants? And, even if so, does that mean you shouldn't do the 'right thing' with unconnected issues?

Ultimately, your neighbour may/will likely have the right to access your land in order to carry out repairs and maintenance that they cannot otherwise carry out. And you have the right to not be affected by this, so you can make clear your expectations of how the access it handled, and made good afterwards. 

Do that in writing if you need to.

swingaloo

If your panels were pushed over and need to be propped up by a heavy bench then surely it would be a good opportunity to have them sorted out.

singhini

Does the neighbour have any rights to access your garden/property i.e. any easements or covenants that allow this? 

Also is the neighbour actually going to fix the fence or will it be a professional tradesman / gardener / fencer? (if anything goes wrong and gets damaged how is this going to get sorted. The professional should have liability insurance but what about the neighbour? would you need to claim on your home insurance?)

Also if there tenants, is it not the responsibility of the landlord? 

Sylviashutthatdoor

WIAWSNB said:

How big is this shed? Could it be moved, by prising it away from the fence a bit at a time?

Bottom line - if you want that fence repaired, then it should be done the most reasonable and sensible way, so if your panels can be removed and replaced without any issue, and if that is clearly more sensible than shifting a shed, then I'd suggest it's the way to go. 

You've fallen out with your neighbour? But not the tenants? And, even if so, does that mean you shouldn't do the 'right thing' with unconnected issues?

Ultimately, your neighbour may/will likely have the right to access your land in order to carry out repairs and maintenance that they cannot otherwise carry out. And you have the right to not be affected by this, so you can make clear your expectations of how the access it handled, and made good afterwards. 

Do that in writing if you need 

The shed looks about 6ft x 4ft at a guess so not sure that would be easy to move. My panels are fixed in to the ground with some kind of cement mix so I can’t just lift them out without ripping the bottom off them plus we have a mature climber growing through one of the willow panels so I’d need to cut it off at the base.  

WIAWSNB

Sylviashutthatdoor said:

WIAWSNB said:

How big is this shed? Could it be moved, by prising it away from the fence a bit at a time?

Bottom line - if you want that fence repaired, then it should be done the most reasonable and sensible way, so if your panels can be removed and replaced without any issue, and if that is clearly more sensible than shifting a shed, then I'd suggest it's the way to go. 

You've fallen out with your neighbour? But not the tenants? And, even if so, does that mean you shouldn't do the 'right thing' with unconnected issues?

Ultimately, your neighbour may/will likely have the right to access your land in order to carry out repairs and maintenance that they cannot otherwise carry out. And you have the right to not be affected by this, so you can make clear your expectations of how the access it handled, and made good afterwards. 

Do that in writing if you need 

The shed looks about 6ft x 4ft at a guess so not sure that would be easy to move. My panels are fixed in to the ground with some kind of cement mix so I can’t just lift them out without ripping the bottom off them plus we have a mature climber growing through one of the willow panels so I’d need to cut it off at the base.  

My side shed is that size. It sits over a sewage inspection chamber, and twice I had to move it. Wooden post slipped under the raised gap at the front, and shuffled sideways. Repeat at back. Ditto.
Obvs they should empty the shed first, but moving that size shed should present no issues. Given what you've said about your climbing plants, I would be insisting they sort this from their side.

TELLIT01

A 6' x 4' shed should be quite simple to lift and shift once empty.  One person at each corner is all that would be needed.

Sylviashutthatdoor

WIAWSNB said:

Sylviashutthatdoor said:

WIAWSNB said:

How big is this shed? Could it be moved, by prising it away from the fence a bit at a time?

Bottom line - if you want that fence repaired, then it should be done the most reasonable and sensible way, so if your panels can be removed and replaced without any issue, and if that is clearly more sensible than shifting a shed, then I'd suggest it's the way to go. 

You've fallen out with your neighbour? But not the tenants? And, even if so, does that mean you shouldn't do the 'right thing' with unconnected issues?

Ultimately, your neighbour may/will likely have the right to access your land in order to carry out repairs and maintenance that they cannot otherwise carry out. And you have the right to not be affected by this, so you can make clear your expectations of how the access it handled, and made good afterwards. 

Do that in writing if you need 

The shed looks about 6ft x 4ft at a guess so not sure that would be easy to move. My panels are fixed in to the ground with some kind of cement mix so I can’t just lift them out without ripping the bottom off them plus we have a mature climber growing through one of the willow panels so I’d need to cut it off at the base.  

My side shed is that size. It sits over a sewage inspection chamber, and twice I had to move it. Wooden post slipped under the raised gap at the front, and shuffled sideways. Repeat at back. Ditto.
Obvs they should empty the shed first, but moving that size shed should present no issues. Given what you've said about your climbing plants, I would be insisting they sort this from their side.

There are easements on mine and the neighbours deeds for access for maintenance but I’m just annoyed I’ve been told I’ve got to remove my fence and shrubs because he’s blocking his own access to his fence. 

WIAWSNB

Sylviashutthatdoor said:

There are easements on mine and the neighbours deeds for access for maintenance but I’m just annoyed I’ve been told I’ve got to remove my fence and shrubs because he’s blocking his own access to his fence. 

These are pretty standard in house deeds, and for good reason. However, it doesn't mean someone can unilaterally enter your property in order to carry out work. Clearly they should ask, and it should be on the basis of no realistic alternative. And you can still refuse - although they could get a court order, if they can justify it.

Your neighb ironically sounds an arris. 

bjorn_toby_wilde

So he wants you to remove your panels and cut down a climber so that he doesn’t have the inconvenience of moving a shed that he chose to put too close to the fence?

I would tell him exactly where to go.

Sylviashutthatdoor

bjorn_toby_wilde said:

So he wants you to remove your panels and cut down a climber so that he doesn’t have the inconvenience of moving a shed that he chose to put too close to the fence?

I would tell him exactly where to go.

We fell out with the neighbour years ago and haven’t spoken since so I had to contact the council to sort out the fence. Below is what they put in their email about getting it repaired 

Following my visit on Friday, we have established the fence panels and post needs to be replaced, however this cannot be done from the tenant’s garden.

 

It was noted that there is trellis fencing along the fence, on your side of the fence which will need to be removed in the first instance.