I need some legal advice, please!!! UK?
we live in an end terrace house and the gable end of our house is in a neighbours garden. do we have a right of access to maintain our wall/house and can they grow plants up my wall.
Answers:
Easiest answer first, it's your wall and no one can paint it, knock nails into it, grow plants up it etc. without your consent.
Next point, try this, it may help but I stress it is not my specialist legal subject: I think there is a piece of legislation called the Access to neighbouring land Act 1992 which can be used. Basically if you need access onto neighbouring land to carry out essential maintenance to your own property, such as your gable wall, and I can visualise the situation you describe, if the adjoining land owner will not freely consent you can apply to the County Court for an access order. The court will consider the essential nature of the work you want to do, any compensation you should pay for that access, the terms and times when you may have that access. Sorry but I do not have access to a law library at the moment so I am going from memory. Might be that for the easy access you'll have to compromise on the plants issue provided its not something detrimental to you buildings structure. Good luck. I normally deal in licensing law so hope I'm not misleading you.
Edit: Additional thought, if the houses have been built in the way you describe you may find that your deeds have an 'easement' written into them that is a legal right for you to have access in certain circumstances, eg. underground pipes, drains, perhaps repairs such as you want to do, worth checking first, it might put you in a strnger position.
The rude replies annoyed me as much as you so I looked on the web for you. Yes there is such a piece of legislation and it came into force on the 31st January 1993 and although there is a lot more legal language to it, the essence is as I initially put and I think you would have a good chance, whether you feel competent to approach your local court offices for procedural help or not I don't know. Now you know what you are aiming at you could ask a solicitor for some price quotes.
What? Try a f*cking solicitor. Don't talk to them because it is in their garden and they are likely to become pissed off if you try and tell them what they can and can't do in their own garden without proof from a solicitor that they cannot. Also some people may see that as an excuse to go to war with you if you were to get evidence. Look you could get as much advice from people on this site as you like but if you are asking for legal advice and you take it from one of these idiots then that is hardly going to work when you rock up to your next door neighbours house and say "hey you know what someone on freelawanswer.com told me that you can't grow that up my wall mate". I have been more helpful than any of the rest of these people because I told you to contact someone who would be able to help you with the question you asked. Lol you know ha ha ha ha ha some people basically wanted to answer this question with a huge answer which doesn't really help. Solicitor. It's really that simple. Give me the worst answer I would love it.
Not if the garden is on your neighbours property. Try talking to them.
if you dont own the land at the end of your house then you must get consent to enter that land when you wish to carry out maintenance to your wall
if you are the owner of the said wall you can stop people using it so no they cannot grow plants up it
consult a solicitor or get free advice from the C.I.B.
I'm confused, how can the gable end of your house be in your neighbours garden ?
You own your house so they cant grow anything up against it.
but sorry this doesnt make sense.
I agree with Karl!
I would check your boundaries again!
It will cost a couple of pounds for a boundary plan from the planning office of your local council.
It is usual to have access from ALL sides of your dwelling!
Providing you are not using it as an excuse to tresspass then no one can refuse resonable acces to you to maintain your propoerty if there is no other access
but you do have to ask permission but if they refuse then a court order can be obtained to force access for as often as you need but may cause bad blood between the two of you
try to agree first
Yes you should be allowed access to maintain your property. If I was you I'd write to the land registry and check out the boundary. If it is your wall then they can't grow plants up it, It's trespass, you can't even lean something up against a neighbours wall. Check your deeds, the answers should also be in these and get a solicitor. Your neighbours need to be made aware that if these plants do any damage to your masonry or brickwork then they will be responsible for the repairs, if they don't comply tell them you'll see them in court. Hope this helps and Good luck - it's horrible when you have awful neighbours.
Solicitors are expensive and to get basic advice on this matter would cost a lot.
It's nothing that you cannot do yourself. I've outlined the basic rights you have and the court papers that you can download, fill in and submit yourself without lining the pockets of a solicitor.
Firstly you should attempt to reach an agreement with your neighbour as to assess to inspect or repair the property.
If no agreement can be reached then you can exercise a right under the Access to Neighbouring Land Act 1992.
This Act enables a person wishing to carry out repairs to apply to the county court for an access order allowing her/him to enter the neighbour's land to carry out the repairs.
There is a cost involved when filing the forms reqesting the access order.
You would need to show that
the work is reasonably necessary for the preservation of all or part of your proprty or land and that you could not do the work, irit would make it very difficult for you to do the work without acess to neighbours property.
Access is often granted for maintenance, repair or renewal of any part of a structure or building on the land or property
repair, clearance or renewal of drains, sewers, pipes or cables, work to trees and other growing things, which are insecurely rooted, dead or in danger of becoming damaged, diseased or dangerous.
Such work may, however, be subject to the provisions of the Party Wall etc. Act 1996.
You would need insurance(or your workers) to cover any compensation due to injury or damage that may result from the work you do.
The courts can refuse an access order
If you want to make an order, to save money on a solicitor etc, go to www.hmcourts-service.gov.uk/HM... and request form N208.
The neigbours should not grow plants up your wall, but then legally it is hard and costly to stop them. There are cases with neigbours arguing over hedges with have run into thousands of pounds.
Quickest way to get solution, is if the plants are causing damage to your wall. Then request they remove or relocate them, specify the damage they cause, give them a time frame and if not removed seek a charge of nuisance against them to get an injunction. This is a costly process, BUT, filing the papers and getting them served may be enough to slap then into taking you serious.
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