Access to carry out work via my garden

This forum is for Garden Law problems that don't fit into the other categories. Please treat it with respect.

Moderator: Angelisle

Post Reply
Posts: 1
Joined: Tue Jan 30, 2018 7:34 am
Number of Posts per Page: 10
Number of topics per page: 5

Access to carry out work via my garden

Post by redhotbond » Wed Jan 31, 2018 5:27 pm

5 years ago a window from a housing association fell into my pond after 2 years I got paid out but the same wall backing on to my garden has ivy growing and they want to remove it which I have been chassing them to do for years and repair the window that still is missing. Even Glenda Jackson MP wrote 4 times trying to get this sorted.
In November this year after me calling them they come around to assessthe job I point out that I work from a cabin in my garden as a dog groomer and the errecting of scaffolding will mean I can not work. I also have a large pond. In December I get an email saying they will start work on the 11th .

I write back stating
We do not have an agreement for work to begin or end at the moment I have lots of concerns that you have not met had you followed my email on the 14/11/17 asking for all parties to attend as you said they would in your follow up email some questions may have been resolved.

I need to see how the scaffolding is going to be erected around my pond and cabin so I will need a meeting with them 1st and a plan, followed by a meeting with the gardening company to find out how they are going to work.

I will then need assurances that any damage done to the garden will be put right Ie lawn Plants Shrubs Cabin and pathways. I will require a bond to cover this.

For inconvenience and loss of usage in our private property, We will require a daily rate paid in advance.

The days the scaffolding is being erected I will be unable work as you know I run a dog grooming company from my cabin so on days scaffolding is being erected or removed unable to work due to Health and Saftey I will require compensation each day I am unable to work. while this is being carried out

While my wife is working in the office along the footpath from the gate as a psychotherapist no access will be permitted via the gate. She is unable to move her client's appointments as routine is everything and she requires no noise and they would have to pass her office to get to the garden.

We will also require a guaranteed finish date

Please note no access will be granted without a tightly drawn-up legal agreement that sets out all the terms and conditions- including time limits daily access compensation etc etc.

I will also require you to send me over all the RA/MS for the works taking place and all relevant permits.

I will also like to see the HSE paperwork. (Have I asked for too much?)

After 4 emails from me asking what is happening I get a letter from there solicitor say I have 7 days to allow these works or they will take me to court please help.

Posts: 103
Joined: Wed Nov 01, 2017 2:23 pm

Re: Access to carry out work via my garden

Post by SJC14 » Wed Jan 31, 2018 9:22 pm

Am trying to understand the basics:

1. The neighbouring property is Housing Association owned and have issues with maintenance of their property.
2. You own your house (not the same Housing Association) and they have asked you for access to your garden in order to do this maintenance (ie not build anything).
3. You use the garden and this is inconvenient.

What did the solicitors letter say? Did it mention the Access to Neighbouring Land Act 1992? What evidence have they given that they need access to your garden and not carry it out from their property?

Posts: 2045
Joined: Mon Feb 23, 2015 9:17 am
Number of Posts per Page: 20
Number of topics per page: 20

Re: Access to carry out work via my garden

Post by Collaborate » Thu Feb 01, 2018 7:25 am

Access granted under the Act will take into account your concerns in a manner not achieved by the HA.

I presume you've seen s2 of the Act Mac refers to? Lots of potential restrictions to help you.

Posts: 1547
Joined: Fri Aug 05, 2011 5:15 pm

Re: Access to carry out work via my garden

Post by jonahinoz » Thu Feb 01, 2018 7:58 am


Tongue in cheek ... the ivy is growing out of your garden (?), so it is your ivy. The owners of the wall can demand that YOU remove your ivy from their wall. Can that be true?

How big is the window? How high is the window? I recently had two back bedroom windows replaced. Accesss from outside would not have been possible without scaffolding, as the windows looked out over my new 12ft x 9ft glass roofed conservatory. (I have a dreadful sense of timing). The windows were fitted from inside the bedrooms. OK, they were only 1.2m high and 1.0m wide.

A little learning ... and all that. Many years ago (50?) a friend told me that if you refuse permission for somebody to access your property so they can carry our repairs on their property, they can get a court order to gain access. But if you grant them access, at a price, the courts are unable to order you to give them access. I do not know if that is correct, but maybe our experts can comment? IF it is correct, maybe your "terms and conditions" will have the same effect?

Both you and your wife are self employed. Do you not have "Business Disruption" insurance? Both your business require Joe Public to visit your premises (LA could dig your road up to lay new mains services). Both your businesses require electicity (There could be a major power outrage)

John W

Posts: 916
Joined: Mon Nov 05, 2012 3:06 pm

Re: Access to carry out work via my garden

Post by stufe35 » Thu Feb 01, 2018 8:25 am

It seems to me having pestered them to do some work you now wish to make it as difficult as possible for them.

There are simple practical solutions.

I don't know the scale of the job , but I would have thought scaffold up am, window replaced over lunch, scaffold down pm. At worse this might be over 2 days.

You and your wife cannot possibly work every day of the year ?, surely it can be programmed when you have planned holidays, or at a week end.

Never forget one day you might need their help or cooperation with an issue.

Try and find solutions instead of problems and the work will be carried out and you will all be happy.

You seem to be backing them in to a will have the law on your side, its your garden and they need to meet your requirements, but ultimately the work needs to be done and indeed you have been 'pestering' them to do it...there will be less pain and suffering if you simply liase over a convenient time for all concerned.

I used to work for the railways. We started on Friday nights about midnight after the last train, removed the overhead wires, removed the signalling, lifted the track , removed the ballast, take out the old bridge, prepare the foundations , lift in a new bridge, replace the ballast, replace the track and stress it, replace the signalling and test it, and have it running for the first commuter train at 6.00am on Monday hard can replacing a window and shifting a bit of ivy really be ? Work with them not against them would be my advice.

Posts: 1547
Joined: Fri Aug 05, 2011 5:15 pm

Re: Access to carry out work via my garden

Post by jonahinoz » Thu Feb 01, 2018 9:43 am

Work with them not against them would be my advice.

Hi Stufe,

And that's good advice. I would usually go out of my way to make things easy for them.

The OP has explained his problems, and seems willing to meet the contractors half-way ... he seems prepared to cover his pond (who pays for the cover). I'd guess that he would be prepared to take no bookings on a specified day, provided his losses are covered. And again when the window is installed, and again when the scaffolding is removed. Maybe it can be done all on one day. Fitting the window should not produce a significant amount of mess. Neither should the scaffolding, but .... My neighbours had their facia boards replaced. The contractors arrived with a hydraulic scaffolding system. Unfortunately, I didn't study it.

The OP's wife's business might be a different matter, but shouldn't be unsurmountable.

The OP has received a demand from the contractor's solicitors, backed by a threat of court action. On the face of it "the ante has been upped". As I see it, the OP has done nothing wrong, but is going to be inconvenienced. He has not refused access, but he has imposed certain, not unreasonable, conditions on the contractors. I doubt that he would be happy chasing compensation for any damage. Even landlords of bed-sitters require a bond.

Who do the contractors work for? The HA, but on an ad hoc basis? Or they part of the HA. I'm guessing that an insurance company will be footing the bill ... but they might be insuring themselves.

OT My wife's car was written-off by a super-market articulated lorry. The super-market insure their own lorries. My wife asked her insurers to claim against the super-market. The super-market did not reply to their letters. It took two years to take the case to court. My wife's insurers then refunded her increased premiums, and re-instated her full NCD.

John W

Post Reply