Short notice on access gains (possibly the wrong forum)

silvercar

Assuming the natural boundary is the shared wall of the 2 properties, it looks like your neighbours (or previous owners) have built a boundary wall totally within their boundary. That seems more likely than thinking their property encroaches over a border defined by a wall.

Mswizzj

silvercar said:

Assuming the natural boundary is the shared wall of the 2 properties, it looks like your neighbours (or previous owners) have built a boundary wall totally within their boundary. That seems more likely than thinking their property encroaches over a border defined by a wall.

Unlikely, as my garden surpasses where their house joins mine, on deeds and land registry, and the wall is also on the plans from 1956 when it was built.

Mswizzj

silvercar said:

Assuming the natural boundary is the shared wall of the 2 properties, it looks like your neighbours (or previous owners) have built a boundary wall totally within their boundary. That seems more likely than thinking their property encroaches over a border defined by a wall.

Area in question.

silvercar

Mswizzj said:

silvercar said:

Assuming the natural boundary is the shared wall of the 2 properties, it looks like your neighbours (or previous owners) have built a boundary wall totally within their boundary. That seems more likely than thinking their property encroaches over a border defined by a wall.

Area in question.

Makes you wonder why the boundary was ever drawn up like that.

It is what it is. I think it reasonable to allow access to maintain that part of their rear wall that can only be accessed from your garden. I'd also say that a 4 month project will be less disruptive to you in the Winter than the Summer.

I'm unsure on the party wall agreement, as they own both sides of that wall, so it isn't a party wall in the same way that the joining wall of a semi detached would be. That said, if you own the garden immediately in front of the wall, in the bit you have circled, they can't render or clad it externally as that encroaches in your space, as you appear to own up to the wall.

Eldi_Dos

@Mswizzj
                  I note you are concerned about the security of your garden and sheds while this work is carried out.

One solution often used in situations like this is to use a contractors key system, where the gate is locked (usally with a chain) and two padlocks, one which the contractor has a key for and one you have a key for.The contractor will appoint a key holder who would be responsible for ensuring only their staff had access to the area and making secure when they left.

Mswizzj

silvercar said:

Mswizzj said:

silvercar said:

Assuming the natural boundary is the shared wall of the 2 properties, it looks like your neighbours (or previous owners) have built a boundary wall totally within their boundary. That seems more likely than thinking their property encroaches over a border defined by a wall.

Area in question.

Makes you wonder why the boundary was ever drawn up like that.

It is what it is. I think it reasonable to allow access to maintain that part of their rear wall that can only be accessed from your garden. I'd also say that a 4 month project will be less disruptive to you in the Winter than the Summer.

I'm unsure on the party wall agreement, as they own both sides of that wall, so it isn't a party wall in the same way that the joining wall of a semi detached would be. That said, if you own the garden immediately in front of the wall, in the bit you have circled, they can't render or clad it externally as that encroaches in your space, as you appear to own up to the wall.

Exactly my point, it’s a weird boundary, the thing is, if they render to the boundary wall their side, it’s going to be a ugly sight from the rear, as half will be done, and half won’t be, that’ll likely affect the value of my property in future if we came to sell.

the 4 month project is apparently going to start running over the next few weeks, so will likely run into the midst of April, the affect it’s going to have is, I can’t continue my project while they’re working there, I’ve got ground works and patio’s being done in the new year, which will likely run through.

the thing with padlock access is, they’d have to destroy my gate to do that as I’ve recently fitted a shiplap classed gate which only opens from the rear.

the annoying thing is, they’ve assumed access before even knocking my door to ask.

they apparently viewed next doors property 3 weeks ago and told the workers the job can go ahead.

Mswizzj

Eldi_Dos said:

@Mswizzj
                  I note you are concerned about the security of your garden and sheds while this work is carried out.

One solution often used in situations like this is to use a contractors key system, where the gate is locked (usally with a chain) and two padlocks, one which the contractor has a key for and one you have a key for.The contractor will appoint a key holder who would be responsible for ensuring only their staff had access to the area and making secure when they left.

That solution doesn’t really work as they’d need Tod damage my gate to and fencing to do so, I’ve recently. Put up feather edge and a ship lap gate, so they’d need to cut through it to padlock/chain it.

changing the gate out to a standard slotted metal gate also isn’t an option, as I don’t want my garden on show while there’s machinery and tools there (which I’m using to do my own garden).

it’s an awkward scenario, but they should’ve let me know prior to all this being agreed on with their workers and contractors.

Eldi_Dos

In that case they could put a temporary hasp and padlock on with two keys,one for youself and one for them, and work with their keyholder responsible for security while on site and when they leave.

When work is complete they would remove hasp and make good the screwholes.

Mswizzj

Eldi_Dos said:

In that case they could put a temporary hasp and padlock on with two keys,one for youself and one for them, and work with their keyholder responsible for security while on site and when they leave.

When work is complete they would remove hasp and make good the screwholes.

Potential, but even then it needs to be opened from the rear as I have a ‘drop lock’ so when my gate springs back it locks automatically.

Ectophile

Aside: There is the Access to Neighbouring Land Act 1992 https://www.legislation.gov.uk/ukpga/1992/23/contents

If you decide to be awkward, they could apply for a court order for access over your land.