Can I go on my neighbors property to maintain my fence?

Generally, if you go onto your neighbour's land without their permission, you are trespassing. However, if you need to repair your home and to do so need access via your neighbour's land, you may go onto your neighbour's land without getting their permission.

mylawyer.co.uk - Going onto your neighbour's land - MyLawyer

What is the largest garage I can build without planning permission?

Outbuildings and garages to be single storey with maximum eaves height of 2.5 metres and maximum overall height of four metres with a dual pitched...

Last updated Jul 14, 2018

Can my Neighbour take my fence down to build an extension?

Paula Higgins, chief executive of HomeOwners Alliance, told The Sun: "If you own the fence and it is on your property, neighbours have no right to...

Last updated Dec 26, 2021

Can I build my own shed?

Yes, with the right plans you can build your dream shed.

Learn More »

Promotion

Going on to your neighbour's land

England and Wales

Often it is vital for one neighbour to go on to the land of another to carry out repairs to their own property. Accordingly, there is a legal right that allows this under the Access to Neighbouring Land Act 1992. Generally, if you go onto your neighbour's land without their permission, you are trespassing. However, if you need to repair your home and to do so need access via your neighbour's land, you may go onto your neighbour's land without getting their permission. In order to preserve good relations with your neighbours, you should still ask their permission before going on their land. If you have a relationship with your neighbour, it's always preferable to speak to them face to face, but you can also request access in a letter. If they refuse and try to stop entry, you can seek an order from the court forcing them to give you access. The Access to Neighbouring Land Act 1992 enables access to adjoining or adjacent land for the purpose of carrying out 'basic preservation works' to one's own property. Basic preservation works includes:

Maintenance, repair or renewal of a building;

Clearance, repair or renewal of a drain, sewer, pipe or cable;

Filling in or clearing a ditch;

Felling, removal or replacement of a tree, hedge or other plant that is dead, diseased, insecurely rooted or which is likely to be dangerous. If you need to be granted right of access, proceedings must be commenced in the County Court. The court will grant an access order if it is satisfied that the preservation works are:

Reasonably necessary for the preservation of the relevant land; and

That they can't be carried out, or would be very difficult to carry out, without entry onto the adjoining land.

Scotland

In general, there is no right to access your neighbour's land for the purposes of repair in Scotland. Such a right of access for the express purpose of repair or maintenance is largely unnecessary due to the wide ranging access rights granted under the Scottish Land Reform Act. Notably, those who live in a tenement (such as a block of flats) have new rights under the Tenements (Scotland) Act 2004. This Act includes provision allowing owners of a property in a tenement reasonable access for repairs etc. over the property of other owners. For more information on the Scottish right of access, see our section Trespassing

Northern Ireland

Often it is vital for one neighbour to go on to the land of another to carry out repairs to their own property. Generally, in properties where such a requirement may be needed, there will be covenants in the title deeds granting a right of access for repairs for you and for your neighbour. However, this right will usually require you to seek permission and give your neighbour notice as well as imposing a duty on you to repair any damage done to your neighbour's property during the course of your repairs. It is always preferable to speak to your neighbour face to face, but you can also request access in a letter. If they refuse and try to stop entry, you can seek an order from the court forcing them to give you access. However, before commencing any legal action, you should seek independent legal advice as such action could prove costly.

Does composting attract rats?

Compost piles can be home to all kinds of creatures, some good, some bad. They are especially attractive to mice — and rats — in the winter. Dec 9,...

Last updated May 24, 2021

Is prefab house safe?

These homes are entirely safe for several reasons. Firstly, prefab homes are constructed as per the building codes and regulations. And throughout...

Last updated Mar 9, 2022

Are shed plans easy to follow?

These are! They guide you every step of the way to complete your dream shed.

Learn More »

Promotion

How big can I build a shed without building regs?

Maximum height of 2.5 metres in the case of a building, enclosure or container within two metres of a boundary of the curtilage of the dwellinghouse.No verandas, balconies or raised platforms. No more than half the area of land around the "original house"* would be covered by additions or other buildings.

drawingandplanning.com - Do I need Planning Permission for Outbuildings

Permitted Development For Outbuildings

New rules regarding whether or not you can extend or add to your home without having to apply for planning permission for an outbuilding came into force on 1 October 2008. The New limits and conditions for what is allowed without the need for planning permission apply largely to the dimensions of the proposed addition, its position in relation to the house and its proximity to the boundaries of the property. Under the new regulations constructing an outbuilding that is not within designated land is considered permitted development, not requiring an application for planning permission, providing it meets the following limits and conditions: An outbuilding can not be constructed on land forward of a wall forming the principal elevation. Outbuildings and garages to be single storey with maximum eaves height of 2.5 metres and maximum overall height of four metres with a dual pitched roof or three metres for any other roof. Maximum height of 2.5 metres in the case of a building, enclosure or container within two metres of a boundary of the curtilage of the dwellinghouse.No verandas, balconies or raised platforms. No more than half the area of land around the "original house"* would be covered by additions or other buildings. In National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage Sites the maximum area to be covered by buildings, enclosures, containers and pools more than 20 metres from house to be limited to 10 square metres. On designated land buildings, enclosures, containers and pools at the side of properties will require planning permission.

Within the curtilage of listed buildings any outbuilding will require planning permission.

Can you season wood in a shed?

If you are seasoning the wood in a shed then slatted sides will let air through but still contain the wood. Some people stack the wood in tall rows...

Last updated Dec 29, 2020