fence access

fence access

Postby doogydawg » Wed Oct 07, 2015 1:37 pm

My neighbours fence separates us from them, it on the boundary line (barret housing, 16 years old)
His house over looks us, I have the nice side , he has the other so I take it the fence is his.
The opposite side of our garden is the other way round.
something happened the other evening, nothing to do with this subject.
He has been having a lot of work done in his garden, decking etc.
Now he didnt ask me at all, he just came out with "Im having work done to the fence and I will need access to your side", no asking, just telling me.
First, I didnt ask like an idiot what kind of work, second, does he have the right to come onto my land to do what ever he is having done.
The fence doesnt need maintaining, its perfect.
Thanks for any advice.
doogydawg
 
Posts: 14
Joined: Fri May 26, 2006 6:42 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: fence access

Postby MacadamB53 » Wed Oct 07, 2015 1:48 pm

Hi doogydawg,

does he have the right to come onto my land to do what ever he is having done

not unless you've overlooked something - like such a right being on his/your property's deeds (doubtful...)

anyway, whether he has such a right or not is besides the point.

denying him access doesn't sound very neighbourly and, if he thinks it's worth pursuing, he could obtain a court order demanding you provide access (under the terms of the order).

that's not to say he would be successful in getting such an order, but it's something to bear in mind...

Kind regards, Mac
MacadamB53
 
Posts: 6032
Joined: Mon Dec 10, 2012 12:13 am

Re: fence access

Postby Collaborate » Wed Oct 07, 2015 2:10 pm

MacadamB53 wrote: if he thinks it's worth pursuing, he could obtain a court order demanding you provide access (under the terms of the order).

that's not to say he would be successful in getting such an order, but it's something to bear in mind...



He could only get access under the Access to Neighbouring Land Act for essential repairs and maintenance.

How do you know the fence belongs to him anyway? Just going on who has the "nicer" side doesn't help. You'll have to look at the deeds.

To be honest, if it's in a 16yr old development the chances are it's a party fence anyway, so he'll need your consent to change it.

If the fence is his, then everything on your side of the fence belongs to you. He can't attach anything to it without it being trespass.
Collaborate
 
Posts: 1123
Joined: Mon Feb 23, 2015 10:17 am

Re: fence access

Postby COGGY » Wed Oct 07, 2015 2:16 pm

Mac you appear to overlook the fact that the neighbour was not "neighbourly". I would assume from your posts concerning access that you have not been on the receiving end of a bad neighbour. It is I agree good to be helpful and friendly to neighbours. However speaking as someone who had all their neighbourliness thrown back I now take a different view. It is laughable that any Court would allow the neighbour in this case access to attend to a fence which is apparently in a good state of repair. Certainly a Court would require full information on the work intended. The only possible reason I can think of is either to treat the fence (which may interfere with plants) or to higher the fence. If the latter is the case then surely this should be done from the neighbour's side. I think it is highly suspicious that the neighbour could not simply explain the reason for needing access. He sounds to be the type of person that merely states his wishes and expects everyone to fall in line.

My advice is to go back to the neighbour and request information on his intentions regarding the fence before allowing access. Do this immediately before he comes into your garden and carries out work that you are unhappy with. I have learnt from bitter experience.

Kind regards Coggy
COGGY
 
Posts: 1355
Joined: Tue Feb 21, 2012 10:58 pm

Re: fence access

Postby COGGY » Wed Oct 07, 2015 2:20 pm

His house over looks us, I have the nice side , he has the other so I take it the fence is his.


This is a misconception. In the past when we were being "neighbourly" we erected a fence between us and our "neighbours". In the interests of "neighbourliness" we gave them the good side. This does not mean that we gifted the fence to them.

Kind regards Coggy
COGGY
 
Posts: 1355
Joined: Tue Feb 21, 2012 10:58 pm

Re: fence access

Postby mr sheen » Wed Oct 07, 2015 2:35 pm

Many large developers like Barratt include covenants in the agreement to purchase that allow for neighbours to access each other's land in order to carry out works on their property. (Often along the lines that the neighbour is informed and any damage put right afterwards). So you need to check the deeds. When you buy a house with such a clause it makes allowance for owners to be able to carry out works since they are often very close together with overhanging gutters etc etc. if this clause has been included you agreed to it and so did your neighbours so you could do the same. If the clause is not there, then they should ask permission but there isn't much you can do unless they cause damage to your property since the law of trespass is complex and only if damage is done are you likely to recover any compensation.

Chances are the fence was erected by the developer and the facing side is irrelevant.

The only way this will result in a reasonable outcome is if you remain calm and compromise and work collaboratively. Check the deeds to see if the clause is included and consider discussing the proposed works in a friendly cooperative manner....or you will have an escalating feud over a very minor issue that will probably not affect you other than having him in your garden for a short period of time.
mr sheen
 
Posts: 2093
Joined: Fri Feb 27, 2009 3:33 pm

Re: fence access

Postby arborlad » Wed Oct 07, 2015 3:03 pm

doogydawg wrote:My neighbours fence separates us from them,



What type of fence is it, panel or something with a post and rail type construction?
arborlad

smile...it confuses people
arborlad
 
Posts: 7385
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: fence access

Postby doogydawg » Wed Oct 07, 2015 3:57 pm

Thanks for all the replies. To many to quote :)
The fence is a post and rail type.
I dont really mind him coming over to do what ever he needs to do, within reason, it was just the way he said it, matter of fact type of thing.
The way our house lies is a bit hard to explain, unless you see it.
We are in a kind of dip, with houses to the side of us, his house backs onto the side of my house, which has a side access, so we have
our side access with a retaining wall and the fence is directly behind that.
Then we have other houses over looking us to the top of my back garden which is on an incline, so fences all over the place.

I will see how it goes,
Many thanks for all the replies, a lot to think about :)
doogydawg
 
Posts: 14
Joined: Fri May 26, 2006 6:42 pm

Re: fence access

Postby arborlad » Wed Oct 07, 2015 4:40 pm

COGGY wrote:
His house over looks us, I have the nice side , he has the other so I take it the fence is his.


This is a misconception. In the past when we were being "neighbourly" we erected a fence between us and our "neighbours". In the interests of "neighbourliness" we gave them the good side. This does not mean that we gifted the fence to them.

Kind regards Coggy



Sorry, but the misconception is yours.

A fence with a post and rail type construction should have the posts and rails on the owners side.
arborlad

smile...it confuses people
arborlad
 
Posts: 7385
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: fence access

Postby mugwump » Wed Oct 07, 2015 4:46 pm

arborlad wrote:
COGGY wrote:
His house over looks us, I have the nice side , he has the other so I take it the fence is his.


This is a misconception. In the past when we were being "neighbourly" we erected a fence between us and our "neighbours". In the interests of "neighbourliness" we gave them the good side. This does not mean that we gifted the fence to them.

Kind regards Coggy



Sorry, but the misconception is yours.

A fence with a post and rail type construction should have the posts and rails on the owners side.


Only from a security aspect not a legal aspect.

It makes sense to have the rail on your side as you are then not giving the burglar a free ladder to get in.
mugwump
 
Posts: 430
Joined: Tue Jul 10, 2007 6:34 pm

Re: fence access

Postby arborlad » Wed Oct 07, 2015 4:47 pm

Collaborate wrote:To be honest, if it's in a 16yr old development the chances are it's a party fence anyway, .



Not in my experience. Most fences that are intended to be shared have a construction that indicates that.
arborlad

smile...it confuses people
arborlad
 
Posts: 7385
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: fence access

Postby doogydawg » Wed Oct 07, 2015 5:07 pm

my cul de sac leading to my house, then my side access, then my garden, every ones house backs onto this fence. Its one continues run of fence right from the top of my cul de sac to the top of my garden
His house/garden is just inside my gate.

Image

Image

Image

Image

Image
doogydawg
 
Posts: 14
Joined: Fri May 26, 2006 6:42 pm

Re: fence access

Postby arborlad » Wed Oct 07, 2015 5:17 pm

mugwump wrote:
arborlad wrote:
COGGY wrote:
This is a misconception. In the past when we were being "neighbourly" we erected a fence between us and our "neighbours". In the interests of "neighbourliness" we gave them the good side. This does not mean that we gifted the fence to them.

Kind regards Coggy



Sorry, but the misconception is yours.

A fence with a post and rail type construction should have the posts and rails on the owners side.


Only from a security aspect not a legal aspect.

It makes sense to have the rail on your side as you are then not giving the burglar a free ladder to get in.



Whilst the security of your property is an important aspect, the security of your land should be equally so.

A post and rail fence with the rails facing the neighbour, will allow the neighbour to trespass and encroach on your land. A fence erected correctly wont allow any trespass or encroachment.
arborlad

smile...it confuses people
arborlad
 
Posts: 7385
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: fence access

Postby MacadamB53 » Wed Oct 07, 2015 7:14 pm

Hi doogydawg,

I dont really mind him coming over to do what ever he needs to do, within reason

you sound like a good sort to me...

it was just the way he said it, matter of fact type of thing.

let it lie - some folk adopt a cocksure attitude is all - I don't think he thinks he can come and go as if it was his own land (otherwise he wouldn't even have mentioned it, would he...)

Kind regards, Mac
MacadamB53
 
Posts: 6032
Joined: Mon Dec 10, 2012 12:13 am

Re: fence access

Postby doogydawg » Wed Oct 07, 2015 7:17 pm

cheers mac :)
doogydawg
 
Posts: 14
Joined: Fri May 26, 2006 6:42 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Next

Return to Fences

Who is online

Users browsing this forum: No registered users and 3 guests