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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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I rent a ground floor garden flat. My next door neighbour

Customer Question

I rent a ground floor garden flat. My next door neighbour owns her property and the dividing fence between our two gardens. The middle panels of this fence were downed in the December storms.
Every year I plant a border of summer plants and bulbs in my garden running adjacent to the boundary fence, part of which is a temporary bamboo screen placed parallel to the boundary fence with a four in gap between the two up which I grow a variety of plants.
My neighbour has informed me in writing today that she is trying to engage contractors to repair the fencing but enven now after four months she does not have a date for when this will be completed.
She has asked that when a date is confirmed that she has access to my garden in order for the work to be done, advising that this will require digging of fence posts on my side of the boundary.
My question is; do I have to allow her access to the garden when I have left space between the boundary and what I grow in my garden and if I do is she legally allowed to destroy my garden to repair her fence?
I would have no problem with her having done the work in the winter months however I have already planted the garden, as I do every year. I also don't want to not use my garden until the work is done as it seems to be for an indefinite period.
Many thanks.
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi, thanks for your question. My name isXXXXX can answer your question.

Customer: Hi Tony and thanks.
tdlawyer :

Hi. Okay....

tdlawyer :

Thee is no right to access your land without your consent or a court order.

tdlawyer :

A court order can be obtained when it's necessary to enter your land and you will not consent, but the purpose of the access must be to repair something on their land, and it must be necessary.

tdlawyer :

However ...

tdlawyer :

Before the court will make that order, it needs to be satisfied that the neighbour will do the works without causing damage, or if damage is caused, that it will be put right at the expense of the person causing the damage.

Customer: Thanks Tony. Would she be likely to gain a court order if I responded to her letter by stating tha she can have access but not until after my seasonal use of that part of the garden has ended?
tdlawyer :

Probably not, no. In reality, it will take about 4 months or so to get a court to even consider this, assuming she issued a claim tomorrow to get an order, it would be late August that she got an order I estimate. And if you mad an offer to allow her to do this but that it take place after seasonable plants in Autumn, then I expect a court would see your proposal as reasonable.

Customer: Great. Thanks Tony. That's been most helpful.
tdlawyer :

You're welcome. if you wish to read more about this, then have a look at this:

tdlawyer :

Is there anything else you would like to know?

Customer: Will do!! Appreciated.
tdlawyer :

You're welcome. Are you happy with the service this evening?

Customer: Very. Thank you.
tdlawyer :

Thanks - have a great week.

tdlawyer and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi Tony. One more question in relation to the above. If I respond to my neighbour as previously advised stating that access will be available only after my seasonal use of the garden has finished can she approach my landlord and can he over turn my decision and force me to provide access? If yes as this would necessitate damage to my personal property i.e. Plants etc Who would be liable for reinstating my property to its original condition?

Thanks and kind regards
Doug
Expert:  tdlawyer replied 3 years ago.

He cannot force you to provide access - only the court can do that. He would need to get a Judge to agree with him.

Any damage done to plants or otherwise would have to be put right if he wanted the court to provide him with access. Equally, you would be able to stpiulate that if you give access, you should insist on damage being repaired.

Tony

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