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propertylawyer, Solicitor
Category: Property Law
Satisfied Customers: 288
Experience:  Property solicitor with expertise in commercial and residential property transactions.
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My neighbour is demanding access to repair their fence.

Customer Question

My neighbour is demanding access to repair their fence. For 50 years the previous occupant of the neighbours property kept the hedge on his side trimmed back allowing 2 feet width and access for fence repairs from their side.
I have denied access so far, and cited previous custom and practice as the reasonable solution to the matter, but my neighbour has now insisted on access and threatened a court order to obtain it. My garden would be damaged if I allow access for this repair and I feel that the custom and practice solution I have recommended should give them good access without entering my property. The neighbour has become very demanding almost verging on harassment and bullying - her last demands at my front door were very rude, intimidating and threatening. Can I rely on custom and practice to deny them access or will a court order give them it?
Submitted: 1 year ago.
Category: Property Law
Expert:  propertylawyer replied 1 year ago.

Hi Simon

Thanks for your question. My name is ***** ***** I will try to help you.

These type of situations can be very frustrating. From the facts stated, you do not have to give your neighbour access particularly if you feel that they already have a possible solution to undertake the works which they want to undertake.

That said, your neighbour can apply to the court to get an order to access your land. The court then may grant access under either the Party Wall Act or the Access to Neighbouring Land Act, depending on whether the boundary feature is a party wall or not. Your neighbour will be able to access your land in circumstances where otherwise that would constitute a nuisance or trespass at common law.

As to your neighbour's conduct. This sounds like harassment, the test for this is subjective. It is if you feel intimidated / threatened. You can report such behaviour to the police.

I hope this is helpful.

Please take a moment to accept /rate my response.

Nest wishes