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Wooden Fencing.......

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Jill49 | 15:21 Mon 29th Jan 2007 | Home & Garden
8 Answers
The fence between my property and my neighbours is her fence [ deeds have been checked ] and she has had different firms round to take a look as it does need replacing. She is an old lady and since she cut my tree on MY side of her wall........the tree is narrow and does not over hang her property at all. . . . . .i have not been particularly happy with her.

I am trying to find out exactly what i have to allow with regard to any laws governing allowing her workmen access to my property, i have a rescue GSD and do not really want anyone at all to work on my side of her fence i would prefer that everything is done from my neighbours side if possible.

I have no intention of speaking to her, she knows she was in the wrong chopping my tree and i really wont forgive her!

Any constructive advice would be very welcome, the garden at the front of my property is ok but the garden at the back is like a builders site - - rubble etc left by my ex! I dont want to refuse access if i have to allow restricted access to do the work, i'd prefer to refuse and make them work solely on her side but am not sure about this so help would be very welcome !
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If you want her to repair, you have to give access onto your land if it's necessary- could work be done without it?
You do not have to let her on your property, it is only with your consent that she is allowed to enter but if you do give consent do remember that if the workmen or the lady in question were to fall or hurt themselves you would be responsible as it is your land.
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The fence is old and could do with replacing; as for allowing her workmen access i seem to think i am better off saying that they will have to work completely from her side? Does anyone know if i am within my rights to do this? I would much prefer her to confine the work solely to her side even if she leaves the old fence where it is?

I have a huge herringbone bush spreading for @ 30 feet or more wide, it also sprawls onto her front area and i have told her i dont mind if she cuts the overgrown bit on her side so long as she leaves the bush alone on my side so that the heigh and width etc are undisturbed as the bush is always covered in berries which the wild birds etc really enjoy! I am concerned she will use the fence as an excuse to "Selectively Prune" this bush aswell.............
They may be able to do the fence without coming onto your garden - I don't think the workmen went onto the next door's property when my sister had her fence done.
The tree incident aside I think I would just be glad that she intends to renew the boundary. And if it meant coming onto my property in order for the best job possible to be carried out I'd grin & bear it. You say that she's old & it might be that you are still in your house after she has gone from hers. The next people in there could be worse neighbours than she has been & you'll be glad there's a decent boundary between you!
(I'm in a similar stuation but the fence is along the bottom & the people are new so we haven't had chance to fall out about anything - yet. I'm wondering if they're happy about my tall tree & shrubs :o)
Sounds like you are being a bit difficult as you would benefit from having a new fence. But to be constructive I can see no reason why they would need to go on your side as most fences can be put up from one side only.
Before creating an argument with a neighbour it is worth considering how you stand in law for trespass.

http://www.gardenlaw.co.uk/walls.html
I think that you are missing an opportunity to have a nice new fence installed which will improve the value of your house and it's saleability.

Regarding access, if you are out, how will you even know if the workmen have trod on your side of the barrier or not? When we had our fence done, the guys worked very speedily and they did tread in the neighbours garden but only briefly.
My neighbour wanted to cut my hawthorn hedge down so he could put up a new fence but as the hedge was no where near the particular fence (he only wanted to see how big my garden was ???) I told him to go ahead as long as I wasn't asked to pay any of it. The gardeners who put said fence up (I went to have a chat with them) and was told that there was no need to touch any part of my property.I think that when you are on your own some folks think you are a walkover. Stick to your guns like I do.People have forgotten how to say NO and mean it. Good Luck.

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