Neighbour is taking down MY fence!

SquatNow

clutton wrote: »

there is an "Access to Neighbouring Land Act 1992" which allows you to go onto someone elses land to maintain your property as long as you make good any damage during your access.

I think the important word their is MAINTAIN.

It wouldn't cover construction, it's so you can repoint brickwork etc.

In terms of criminal damage/trespass etc, yes they might get off with a fine, but:
A) They would be arrested and de-arrested on the spot and would get a criminal record
Part of the terms of accepting a fine and being de-arrested would be that they would not do it again! It would prevent the builder continuing work on the project. If the builder continued the work, trespassing/damaging property again they would be arrested and taken to the station, then bailed on the basis that they stay away from the property.

If the builder then went back to the property again they would be considered to be in breach of bail and held on remand pending a court hearing on the basis that the likelyhood that they would re-offend on bail is high.

If the builder has accessed the OPs property without consent they should contact the police. In fact I beleive that by not doing so, that is, seeing they are there and not forcing them to leave, they are granting implied consent, and may even be liable under H&S laws if the builder injures themselves or a third party, as any insurance the builder has will only cover his "site" and the OPs property is not legally part of that site.

Basically the OP needs to contact the police ASAP.

Running_Horse

SquatNow wrote: »

If someone has forced their way into your property by taking down the dividing fence, I would call the police and have them removed.

Oh the irony.

Do you advise squatters to get permission before entering a property without force?

Alfrescodave

If its not too late, get photos to show damage (if any) whilst the building work is in place. You then have evidence to show what has to be restored when work is finished.

Our neighbour was fantastic when we had our extension built but we did have her round for a cup of tea (before hand)and agreed that fence and lawn would be replaced once work was finished. As advised, might be worth talking to actual builder

Gonzo

lol .

Debt_Free_Chick

SquatNow wrote: »

I think the important word their is MAINTAIN.

The Act doesn't use that term, however - it refers to "works that are reasonably necessary for the preservation of the whole or any part of the land"

It wouldn't cover construction, it's so you can repoint brickwork etc.

The Act gives the Court discretion to decide that "alterations, adjustments or improvements" are covered. So if the Court thought the request was reasonable, it would probably be granted.

To be honest, this seems to be a petty neighbourly dispute that's escalated out of all proportion. Any talk of using the law and/or the Police seems to be excessive.

It's not unreasonable for the neighbour to ask for access. As is often the case, I imagine we don't have the full story. I find it hard to believe that the neighbour has only just raised this issue with the OP. I suspect that this is a dispute that's been "brewing" for a while now .....

takoo

Provided the neighbour has promised to put back the fence and is able to do so I would be inclined to leave it at that - provided the neighbour and contractor have promised to make good any damage to the garden etc.

If that happens no harm done except to feelings perhaps. The fence should be replaced in good condition.

However, if the trench for the footings of the extension go onto the garden the result would be a loss of land - and that cannot be countenanced in law - a solicitor is the solution...?

As I understand it the Access etc Act applies to repair and maintenance works not new build works.

Good luck

Takoo

Debt_Free_Chick

takoo wrote: »

As I understand it the Access etc Act applies to repair and maintenance works not new build works.

"If the court considers it fair and reasonable in all the circumstances of the case, works may be regarded for the purposes of this Act as being reasonably necessary for the preservation of any land (or, for the purposes of subsection (4) above, as being basic preservation works which it is reasonably necessary to carry out to any land) notwithstanding that the works incidentally involve—
(a) the making of some alteration, adjustment or improvement to the land, or
(b) the demolition of the whole or any part of a building or structure comprised in or situate upon the land."

So .... if the Court considers it fair and reasonable, they will issue an Access Order where the work is "construction".

For those interested, the full act is here

ste2121

If you built the fence then go destory him hahah. At the the end of the day dude its only a fence lol but id have a word with him if i were you. I havnt read the thread cos im too tired... just the title so ple forgive me if ive missed any important info

Sam911

Phirefly wrote: »

How ANNOYING is it when someone goes and posts a juicy thread like this dripping with ambiguity then disappears off for the rest of the day????!!!!

Seriously!!

Perhaps he is too busy putting his fence back up.

PasturesNew

Phirefly wrote: »

How ANNOYING is it when someone goes and posts a juicy thread like this dripping with ambiguity then disappears off for the rest of the day????!!!!

Come back, OP is it YOUR fence or what?!

Oh, it's worse than that... the OP found time at 2.15pm today to go fannying about talking about bargain sandisks from Morrisons.... not a THOUGHT for people here!

How rude.