Access to neighbours land when repairing fences

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slwatson
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Access to neighbours land when repairing fences

Post by slwatson » Thu Feb 22, 2018 10:33 am

We need to replace a back garden fence which is our responsibility. The neighbour complains about the present state of the fence, but doesn't like our proposed replacement (a solid 6ft fence) and says she won't let us put a foot on her land unless the fence is like the old one (ie 4ft panels topped with a bit of trellis). My understanding is that we have the right to a 6ft solid fence (we want the privacy!) , but the installer will need limited access to her side of the fence to put the posts in. Is she in her rights to refuse this?

despair
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Re: Access to neighbours land when repairing fences

Post by despair » Thu Feb 22, 2018 7:06 pm

Some neighbours are never happy but out of interest has she slapped paint or stain on her side ? Or grown ivy up it or attached wires or plants to it ?

Because you can have great pleasure in telling her she must not do any of that or touch it in any way

jonahinoz
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Re: Access to neighbours land when repairing fences

Post by jonahinoz » Fri Feb 23, 2018 8:48 am

Hi SL,

Unless there is a covenant requiring you to have a fence, there is nothing to stop you removing your fence, and replacing it with a bit of string to mark the limit of your property. Your neighbour has no authority to demand that you maintain your present fence, provided that is not falling over her property.

John W

MacadamB53
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Re: Access to neighbours land when repairing fences

Post by MacadamB53 » Fri Feb 23, 2018 9:06 am

Hi slwatson,

Is she in her rights to refuse this?

yes - you could consider it petty, but that won’t help...

kind regards, Mac

arborlad
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Re: Access to neighbours land when repairing fences

Post by arborlad » Fri Feb 23, 2018 11:07 am

slwatson wrote:We need to replace a back garden fence which is our responsibility. The neighbour complains about the present state of the fence, but doesn't like our proposed replacement (a solid 6ft fence) and says she won't let us put a foot on her land unless the fence is like the old one (ie 4ft panels topped with a bit of trellis). My understanding is that we have the right to a 6ft solid fence (we want the privacy!) , but the installer will need limited access to her side of the fence to put the posts in. Is she in her rights to refuse this?


Technically yes, it is a trespass. Every boundary feature involves an element of trespass in its construction or maintenance, the existing one would have but it is usually disregarded to allow the work to go ahead. Is there room for compromise here, you want a solid 6ft fence (it could be 6ft-6ins) does the neighbour have a rose bed that needs sunlight, do you have a greenhouse that would benefit from a section of trellis? Can the fencer have a chat with the neighbour on your behalf, in over half a century I've never been refused access to carry out this type of work.
arborlad

smile...it confuses people

Morph
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Re: Access to neighbours land when repairing fences

Post by Morph » Fri Mar 02, 2018 4:18 pm

Look for ways to compromise or explain why you want a higher fence or your neighbour a lower one. If you want to go ahead regardless, not ideal but you could just leave your old fence and put your higher one next to it.
When I had a similar issue we sought, as part of a related issue , advice from the local community police. Trespass needs not just you to go on someone else’s land but also intention (to do bad things). Here the intention would be for a fencer to prob step one foot into their garden. Most fencers are used to these potential scenarios. Ask them how much access they would need or to keep access to a minimum. Also you pay for any damage to their plants etc damaged. You may annoy your neighbour but it’s doubtful any actions can formally be made. Explain it all and maybe just get on with it if compromise is not possible. Maybe communicate in writing to avoid misunderstanding.

arborlad
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Re: Access to neighbours land when repairing fences

Post by arborlad » Fri Mar 02, 2018 4:40 pm

Morph wrote: If you want to go ahead regardless, not ideal but you could just leave your old fence and put your higher one next to it. .

Bad idea..........
arborlad

smile...it confuses people

splinterdream
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Re: Access to neighbours land when repairing fences

Post by splinterdream » Fri Apr 20, 2018 8:32 pm

Access to neighbouring land act 1992, I believe if you give them written notice you have rights to access their land if it's required to maintain something on your land

ukmicky
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Re: Access to neighbours land when repairing fences

Post by ukmicky » Fri Apr 20, 2018 10:48 pm

splinterdream wrote:
Fri Apr 20, 2018 8:32 pm
Access to neighbouring land act 1992, I believe if you give them written notice you have rights to access their land if it's required to maintain something on your land
A very expensive and long process.
Advice given is not legally qualified and you are advised to gain a professional opinion

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