Can my Neighbour access my garden without permission?

Entering your neighbour's property without their permission is trespassing, and so you must obtain their consent before trying to gain access. The most sensible first step in this situation is therefore to speak to your neighbour and try to obtain their consent.

jordanssolicitors.co.uk - Advice accessing your neighbour's land for repairs and maintenance

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Solicitor Susan Lewis offers you advice in accessing your neighbour’s land/property for repairs and maintenance purposes, or for building on your own property, such as for an extension or conservatory. Many people do not know where to begin with building on their own property or attempting to access a neighbour’s property to carry out maintenance or repair works. The different processes and regulations you are required to follow can seem like a minefield to some. We attempt to clarify some common concerns we receive in relation to building on your property or obtaining access to a neighbour’s property in this blog post.

Accessing your neighbour’s land – the law

In some circumstances, you may need to access your neighbour’s property to conduct repair or maintenance work on either (or both) properties, for example, where you need to clear drains or cut back overgrown hedges. You may also need to cross the border between the properties to put up scaffolding to enable works to enhance your own property (such as where you seek to build an extension or a conservatory). Entering your neighbour’s property without their permission is trespassing, and so you must obtain their consent before trying to gain access. The most sensible first step in this situation is therefore to speak to your neighbour and try to obtain their consent. They may be agreeable to the works you propose (for example, where the proposed work will also benefit them). In that case your main concerns will be ensuring that you have the relevant planning permission and have complied with building regulations to complete the work. If you are unable to obtain your neighbour’s consent, the Access to Neighbouring Land Act 1992 provides that where the maintenance work is necessary for the preservation of all or part of the dominant land (the land owned by the person looking to gain access) and cannot reasonably be carried out without access to the servient land (the neighbour’s land), then you may apply to the Court for an Access Order. An Access Order would allow you to legally enter your neighbour’s property to carry out the repair works without fear of consequences such as trespassing or threats of legal action. The Order would define the type of work and how it is to be carried out. You must be able to show that the work is necessary for preservation and cannot be carried out without access to your neighbour’s land. The 1992 Act will therefore not apply in instances where you wish to enhance your own property but do not need to preserve it. If you think you would be unable to prove that the works would be necessary to preserve your property, for example where you wish to build a conservatory or extension for your own personal enjoyment, you will struggle to obtain an Access Order from the Court. This will make it very difficult to gain access to a neighbour’s land to put up scaffolding without their permission. Clearly, the easier option is to speak to your neighbour and try to discuss the reasons they are reluctant to grant you access to their property. It may be that they do not wish to allow you access at certain times of the day, and entering into an open discussion means that you could try to reach an agreement which suits everyone.

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It may be worth considering whether you can conduct the works without encroaching on your neighbour’s land at all. If you think this would be possible, then this may be the best approach so that you do not receive complaints or threats of legal action from your neighbour.

How to start the process

As stated previously, you should speak to your neighbour before doing anything else. It is important to understand that even if you have obtained planning permission and complied with building regulations, this does not automatically grant you the right to enter a neighbour’s land. Speak with your neighbour, fully explain the reasons why you wish to conduct the work and highlight how long the work may take to complete. If your neighbour still refuses to give you permission to access their property, and you think that the works are necessary to preserve the land and cannot be done without such access, you should begin the process of obtaining an Access Order from the Court. To do this, you should speak to a solicitor who will be able to assist you in preparing a claim form to submit to the Court.

Tips to address the problem with your neighbour

As you must first try and resolve the problem with your neighbour directly, what is the best way to go about this?

Here are our top tips for addressing problems with your neighbour:

1. Always try to speak with your neighbour in person about the problem. This often comes across better than in a letter. If possible, try and speak with your neighbour when you see them and if they are busy ask them to agree a convenient time to speak with you. Presently, this must be done in a socially distanced manner outside your homes. 2. If you rarely happen to see your neighbour, try putting a note through their door giving your phone number and asking them to contact you to arrange a time when you can speak in person. 3. If you can arrange to speak with them in person, be polite and non-confrontational. You should explain why you need to gain access to their property, and why you wish to conduct the proposed works – it may be that they will benefit also from it and would therefore be willing to agree to it. Ask for their opinion, and see if you can reach an agreement about when you might be able to get access. 4. If you already have a particularly bad relationship with your neighbour, so you do not want to try and speak with them, or if a polite request in person (or in a note) to discuss the problem has been refused or ignored, then you will have to write to them to explain the problem. As in point 3 above, keep your note polite and to the point. Set out the facts and explain why the proposed works are required for maintenance purposes, or why you really want to enhance your property by building an extension or conservatory. You could also outline plans for the work, such as how long it may take or what the end result will look like. You could also offer any assistance you feel able to offer to help resolve the problem.

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5. If the approaches above do not work and you meet the criteria to apply to the Court for an Access Order, it is sensible to inform your neighbour of your intention to do so. Your neighbour might not realise that you are able to do this, and may think ignoring the situation will make it go away. If you do not meet the criteria to apply to Court, you should try considering whether you can complete the work without entering your neighbour’s property at all – or if there is an alternative way around the issue which suits both you and your neighbour. Jordans Solicitors can help you in drafting your letters to your neighbour if you feel you need help. This service is particularly useful if you already have a poor relationship with your neighbour and you do not feel you will be able to address the problem with your neighbour directly.

Get in touch with our expert team

Our Litigation Team are here to help, so just get in touch if you would like legal support in resolving your neighbour dispute. Litigation Solicitor, Susan Lewis, can be contacted on 033 0300 1103 or via email – [email protected]. Alternatively, you can Request A Call Back by filling-in a form on our website – click here.