Wondering if anyone can help in this please. I fully appreciate that my description if not going to make it easy and I will waffle a lot but I’ll try as best I can.
My neighbour had a shed that was about five inches from the boundary to my property. The property’s are as follows. The side of my house has three downstairs windows but none upstairs. We are slightly elevated by about 6 inches. Along the side of our house is a 1 mtr path to gain access to our rear garden. The neighbour property that abuts the boundary is the back of his garden. The whole of his land is Not quite the Full length of my house and frontage. (The full length side of my house, and front and back garden abut the back of about five houses gardens)..
He had a small shed That was directly outside one window on the furthest corner of his property. A tree then his garage. He removed his fence (our wire fence is still in place).
He took down his shed, tree and fence and says he intended to demolish the garage and build one long structure which will be a garage and big shed. 2.5mtrs high.
So far he has taken the tree and shed down and put up what I assume is the back of the main shed closer to the boundary but still on his property. So far it just looks to be the inside panels waiting to be clad.
Once any cladding is on the back will in effect be on the boundary and act as such. When he said he was going to do it (told me Monday about it and they started Thursday) I asked how he was going to maintain it and he said he hadn’t thought of that.
I understand that within permitted planning he is able to do this and the fact it will block about 80% of the light coming into the house from the windows means nothing but the man is a selfish git.
But. Do I have to give him access to clad and finish building the new build extended shed?.
The simple answer is Yes or No. You are only legally bound to give anyone right of way over your property to maintain their property if there is a caveat on your Deeds obliging you to. You can check this out online, they may charge you. However, it may be better to allow this, albeit grudgingly, to keep relationships on an even keel with your neighbour . Have you checked he had Permitted PP?
why would you not give him access? It's not a legal requirement but in the interests of neighbourly harmony only a curmudgeonly rissole would refuse access to do work. You never know when you will need him to reciprocate.
OK I should give access to people who play loud music whenever they want to the early hours of the morning. Set off fireworks at the drop of a hat, build a huge structure blocking my light and who has not taken into consideration a. The impact on their neighbour or b. How he is going to even finish the work or maintain it in the future.
OH says we can’t not give permission and the only reason not to would be if they were putting foundations over the boundary.
There is about a four or five inch gap between the boundary and the back of their shed (but they haven’t clad it yet) so the gap will likely be less by the time they finish. They would need guttering as well.
We have decided that if they come and ask to come onto our property to clad it I will be the one to say no because OH is a soft stupid *** who doesn’t like confrontation at any cost.