Neighbours needing to access my land for their repairs

Neighbours needing to access my land for their repairs

Author
Discussion

Smoggy XJR

Original Poster:

552 posts

75 months

Wednesday
quotequote all
Good afternoon.

My neighbours have just told me, note, told, not asked, that their builders will need access to my property to retile their garage roof.

I'm happy to allow this but would like some legal protection. Having googled it seems that a s9 party wall agreement might be appropriate. Can anyone confirm this or advise of anything else I can do to protect my interests?

Many Thanks,

Smoggy

OutInTheShed

8,725 posts

31 months

Wednesday
quotequote all
TBH, it's a cost of buying a place which butts up to neighbours' buildings.

Lots of stuff on line aboutr the 'access to neighbouring land' act.
If the roof needs fixing and that can't be done wihout access, they are entitled to a level of access.


What you want to put in place may be depend on the level of damage that's likely.
What's next to the garage on your land? I fit's a manicured lawn and lots of expensive plants, you need more protection in place than if it's just a rustic parking space.

There are firms of 'party wall surveyors' who specialise.
You could talk to your insurance company?

I once had to put the leg of a scaffold in someone else's back yard, it cost me a hundred quid for before and after photos and a case of plonk for the tenant.

Jeremy-75qq8

1,148 posts

97 months

Wednesday
quotequote all
Nothing to do with party walls.

Access to neighbouring land act

https://www.legislation.gov.uk/ukpga/1992/23/conte...

untakenname

5,021 posts

197 months

Wednesday
quotequote all
Just in case there's any damage caused by their builders take photos of your roof first if it's adjoining, a drone is useful.

xx99xx

2,179 posts

78 months

Wednesday
quotequote all
My neighbour wanted to fix the gutter of his garage that is only accessible from my side. I said yes, crack on. He came round next day, did the job.

On another occasion, we collaboratively repaired our fence between our 2 gardens.

I'm not sure what interests need protecting if your neighbour wants to fix their roof. Do you have expensive/precious plants in the area needing access?



Smoggy XJR

Original Poster:

552 posts

75 months

Wednesday
quotequote all
Many thanks everyone. I'll check out the suggestions..

E-bmw

9,789 posts

157 months

Thursday
quotequote all
Smoggy XJR said:
Good afternoon.

My neighbours have just told me, note, told, not asked, that their builders will need access to my property to retile their garage roof.

I'm happy to allow this but would like some legal protection. Having googled it seems that a s9 party wall agreement might be appropriate. Can anyone confirm this or advise of anything else I can do to protect my interests?

Many Thanks,

Smoggy
Talk about over-thinking things!

Have you ever tried talking adult-to-adult with your neighbour?

You can share concerns, talk about possible issues & resolve them, you don't generally need legal agreements in place prior to things like this.

It works wonders.

I have neighbours on both sides, when things need doing on/adjacent to the boundaries we talk about it & get the job done, inevitably someone ends up with a bottle of wine/4-pack of beer and all is well in the world.

Rough101

2,141 posts

80 months

Thursday
quotequote all
We are detached, but due to extensions, any scaffold on one side by use or the neighbour will fall on the others land, similarly if doing big landscaping, drives etc., access might be restricted for a while.

We just talk about it, hand over bottles/flowers/chocs etc. on completion, as we both need to do this from time to time, never any stress.

Unless your neighbour is the type from a few doors further up that leans on the horn while a hiab is offloading or a grab picking up, whether it’s a householder or utilities job, in which case play hardball.

ozzuk

1,220 posts

132 months

Thursday
quotequote all
Just don't go full weirdo, there was a chap on here who was going to make daily bacon butties for the builders next door, odd way to make new friends.

Evanivitch

21,587 posts

127 months

Thursday
quotequote all
Smoggy XJR said:
Good afternoon.

My neighbours have just told me, note, told, not asked, that their builders will need access to my property to retile their garage roof.

I'm happy to allow this but would like some legal protection. Having googled it seems that a s9 party wall agreement might be appropriate. Can anyone confirm this or advise of anything else I can do to protect my interests?

Many Thanks,

Smoggy
They have right to access to make repairs to the property.

Take photos of anything that might be damaged (including the route to carry the scaffold on site).

Ask to see builder's liability insurance certificate (depends if you think it's a cowboy job).

dundarach

5,282 posts

233 months

Thursday
quotequote all
I wander into my neighbours and sweep up for them, they're getting on a bit.

He trims my side of the hedge.

He puts bins out, I bring in or the other way around.

Why wouldn't you say "Yes no bother, shall I make you a brew?"


Glassman

22,939 posts

220 months

Thursday
quotequote all
With rare exception, no good deed goes unpunished.

It seems with a lot of people you go to help them and they take the piss.

The Gauge

2,745 posts

18 months

Thursday
quotequote all
Glassman said:
With rare exception, no good deed goes unpunished.
Precisely. I once drove 300 miles round trip to pick someone up who was in difficulty, to get them home, Didn't even get a thank you. They weren't even a friend, just a friend of a friend.

DP14

232 posts

44 months

Thursday
quotequote all
dundarach said:
Why wouldn't you say "Yes no bother, shall I make you a brew?"
Because cheerily complying with a narcissistic or entitled neighbour's behaviour will further encourage it

Smoggy XJR said:
My neighbours have just told me, note, told, not asked...

E-bmw

9,789 posts

157 months

DP14 said:
dundarach said:
Why wouldn't you say "Yes no bother, shall I make you a brew?"
Because cheerily complying with a narcissistic or entitled neighbour's behaviour will further encourage it

Smoggy XJR said:
My neighbours have just told me, note, told, not asked...
You REALLY do have a low opinion of others don't you?

Jordie Barretts sock

5,904 posts

24 months

I'm with DP14. The OP is being very 'precious'. It's nothing to do with low opinions. The OP has their arse in their hand because the neighbour 'told' and didn't 'ask'.

It's probably nothing more than a turn of phrase used. Not the neighbour being high and mighty.

Glassman

22,939 posts

220 months

xx99xx said:
My neighbour wanted to fix the gutter of his garage that is only accessible from my side. I said yes, crack on. He came round next day, did the job.

On another occasion, we collaboratively repaired our fence between our 2 gardens.

I'm not sure what interests need protecting if your neighbour wants to fix their roof. Do you have expensive/precious plants in the area needing access?
I had a situation where my neighbour (the one I get on with) was having some work done. He doesn't have access to one side of his house unless he uses my footpath (for the scaffolding). I agreed and politely suggested that they keep it tidy etc, etc. It went on for longer than planned (issues with building and then the builder) and that side of my house [the footpath] got trashed, and then when it was eventually over, I was left with a smashed up bit of fence (behind their hedge/screen) and my once lovely slate (chippings) ended up looking like hardcore. Part Two of the access he needed, I denied until an agreement to fix the previous was made. He's alright, but took the absolute piss by not sorting it out beforehand.

Now he knows how to handle matters when it comes to asking for such cooperation.

Arrivalist

419 posts

4 months

To be honest we have absolutely no idea what the neighbour is like.

I have great neighbours now but have had crap ones in the past who take all the time. With the latter, when they say ‘I’m coming on your land’ it’s a piss take and not a neighbourly action. If a good neighbour said exactly the same thing (although they probably wouldn’t) you know it’s more a request due to past experience.

So the OP may or may not have a valid point, depending on the type of neighbour he has and the track record of their relationship.

GoodOlBoy

573 posts

108 months

Arrivalist said:
To be honest we have absolutely no idea what the neighbour is like.

I have great neighbours now but have had crap ones in the past who take all the time. With the latter, when they say ‘I’m coming on your land’ it’s a piss take and not a neighbourly action. If a good neighbour said exactly the same thing (although they probably wouldn’t) you know it’s more a request due to past experience.

So the OP may or may not have a valid point, depending on the type of neighbour he has and the track record of their relationship.
Absolutely.

Perhaps the OP could clarify whether he has reason to think the neighbours may be difficult to deal with or is he just being cautious ?

Let's face it, problems with neighbours (and builders) are not uncommon. smile

DP14

232 posts

44 months

E-bmw said:
DP14 said:
dundarach said:
Why wouldn't you say "Yes no bother, shall I make you a brew?"
Because cheerily complying with a narcissistic or entitled neighbour's behaviour will further encourage it

Smoggy XJR said:
My neighbours have just told me, note, told, not asked...
You REALLY do have a low opinion of others don't you?
Yes, when they do something deserving of being held in a low opinion...like demanding when they could ask nicely.