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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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I have two council owned properties that back on to the side

Resolved Question:

I have two council owned properties that back on to the side of my house. My house is privately owned and detached. What rights should I have about accessing the side of my house that is on the neighbors garden, and also stopping them erecting structures that would prevent maintenance to the side of my house?

Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Do you know if your property was an ex Council property?

Do you have your Deeds to hand?

I look forward to hearing from you.

Al

Customer: replied 2 years ago.

my house- Oak VillaHello

My property was built around 1890 as a farmers cottage and the council houses were built in the 50's. There used to be a hardstand next to my house for the use of the council tenants, but recently the council have erected a new 7 foot fence all the way around their back garden and it finishes at the side of my house. I have the deeds to hand.

Expert:  wingrovebuyer replied 2 years ago.
Hello. Al has opted out, but I'll pick this up. Your deeds may include a right of access for various reasons, if the land on which your house and these houses were once in common ownership. However, you have statutory rights to enter the neighbouring land in order to inspect, maintain and repair your property. These rights are under the Access to Neighbouring Land Act 1992. With regard to structures, they are not entitled to attach anything to your building, but they can erect fences or place sheds etc adjacent to your property. This would not affect your right to enter to undertake repairs, but you might have to give indemnities or guarantees about not damaging any such structures if you need to move them for repair work.
Customer: replied 2 years ago.
Should the council have left sufficient space for me to maintain my property, instead of erecting the fence across the hard stand tight to my house? Thank you
Expert:  wingrovebuyer replied 2 years ago.
The fence should not touch or be fixed to your property, without consent, but they can put it hard up against the wall provided this does not create potential for damage (eg damp). If you need to move the fence or other temporary structure to get to your property for maintenance, you can still do so. Hope this helps, please don't forget to leave a rating. Best,WB
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience: Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
wingrovebuyer and other Property Law Specialists are ready to help you