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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10731
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Our neighbour built an extension on their side of a party fence

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Our neighbour built an extension on their side of a party fence wall 2 years ago, we asked them not to build so close to the wall as it wasn't practical for them, we don't get on and we said they would not be allowed on our property to finish it, they were adamant to go ahead so we put some planters in front to stop them gaining access and rendering the wall. 2 years later, today, we decided to make it more permanent and put up a 2 metre high and 6ft long fence and some high trees in front, they have gone absolutely spare and went off to talk to some one. they came back saying they could take us to court to have the fence removed and they had perfect rights to render their extension wall, she also took a lot of photos. should I be worried about this or are we within our rights to refuse them access and cover up an unsightly wall with a fence and trees.
Hello and thanks for using Just Answer.
I am Al and am happy to assist you with your enquiry.
Could you please clarify if the original party wall fence is still in place, and all you have done is plant the trees on your side of the boundary together with the new fence behind the trees?
I take it that no Party Wall Notice was served on you by your neighbours when they built their extension 2 years ago?
Customer: replied 3 years ago.

You are right, no party wall notice was served as they are slightly in from the party fence wall on their side. the original party fence wall is still in place and the fence and trees are on our side of the boundary

Hi Dawn,
Thanks for your reply.
Well, your neighbour certainly does NOT have any automatic right to gain access to your property to render their extension wall.
There may be rights in yours and your neighbours Deeds granting each other rights of access on to the other's land to maintain your respective properties, but this is doubtful. Even if there is, as this is an extension, as opposed to the original dwelling, depending on the wording in the Deeds, this right is unlikely to extend to any extension built by either party.
If there is nothing in your Deeds, the only other option open to your neighbour is to apply to Court under the Access to Neighbouring Land Act. However, this Act only grants a party the right of access on to their neighbour's property for the purpose of making necessary repairs to their property. Hence, the Act does NOT allow a party to take action if all they want to do is to render a wall.
You have therefore done nothing wrong in your actions and your neighbour is bluntly just trying to scare you. I would sit tight and do nothing.
I hope this assists you and sets out the legal position.
Kind Regards
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Customer: replied 3 years ago.

Thank you for your answer. Following the amount of abuse we have had from our neighbour today you have given us peace of mind.

Regards Dawn.

Don't worry Dawn. You have done nothing you aren't entitled to do!
Good Luck.
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