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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9668
Experience:  I have been practising for 30 years.
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I need to rebuild my garden wall. This is on my property,

Resolved Question:

I need to rebuild my garden wall. This is on my property, but my neighbour has put hoarding onto this while building works are done on their house. They refuse to move this now, and say it needs to remain for their security. Can I insist they remove it?
Submitted: 8 months ago.
Category: Law
Expert:  F E Smith replied 8 months ago.

Under the Access to Neighbouring Land Act you are entitled to have reasonable access over the neighbour’s land for any work required to preserve (maintain) your property.

If the hoarding prevents that, you would be entitled to have it removed although you must replace it if the neighbour wants it replaced.

If there is a problem with security while this is removed, you may be liable if for example they were burgled and they could prove it was as a result of this hoarding being removed.

If in spite of you having the right under the Act, they still refuse, you have no option but to threaten court proceedings. The threat of court proceedings, coming from a solicitor may remove the need to actually go to court.

If you do go to court, you are likely to get the order you are asking and you are likely to get costs awarded against the reluctant neighbour.

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FES.

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