Do I have to let my neighbours into my garden so they can finish their ugly extension?

My neighbors are building an extension behind their property.

It was built 15 cm from my house with concrete blocks. White is not similar to the end of the existing house that is processed and painted.

I contacted the Council Planning Department that communicated with my neighbors. The neighbors said they planned to offer the outside of the extension to their homes, but they should reach my property to do so.

My neighbors didn’t ask me for access, and if they do, I won’t let them.

The Council’s planning department said that if I don’t give me access to the neighbors, the Council’s ability to implement the formation of creating as planned would be limited.

I don’t understand why I had to do this, and it would bother me very much. To do this, they would have to remove a built -in plant in my garden. Of course, if they want to create an extension, they need to be built within the boundaries of their properties and make sure they are completed.

Jane Denton, this money, answers: Some studies and extensions do not need planning permission. This is due to the permissible development rights that are highly generous.

However, any building work carried out within a permitted development must meet certain standards and criteria that limit the maximum dimension of extension or loft transformation.

As I can see in the photo you send, the new extension of your neighbor comes to the limit of your property, and the unfinished state is far from ideal.

You are not under any legal obligation to provide your neighbors access to your property to enable them to complete their expansion and creation operations.

If your neighbors choose to access without allowing your property, it usually creates an unauthorized entry, which is a civilian rather than a criminal issue.

If your neighbors are considered as ‘basic protection works’, you can apply to a court for access to your property to finish the extension.

You can talk to your neighbors and suggest that they do their best to complete the work from the boundaries. They should take these problems into consideration before making a large extension according to your limit.

However, it is clear that you think the current unfinished extension looks terrible and complex this issue.

Considering this, a compromise can be reached, including perhaps allowing limited access to your property, but only if certain conditions are met, ensuring that your built -in plant is not disturbed or destroyed.

I asked two lawyers for their opinions on the subject.

James Nylor, partner of Nylor lawyers, says: Let’s set the scene. Saturday. You are in the garden, you are looking at your own business, your neighbors who build such a close extension, you can boil the kettle, you can explode their heads over the fence. They want to create the wall.

Naturally, this means chewing throughout the winter jasmine, and often act as a set of space force with a low budget.

You apply to the council by waiting for a degree of support at least, but they shake the shoulders and say ‘not our problem’.

So what now? Do you legally have to allow your neighbor’s access, or should you think about it before building the width of a brick from your fence?

James Nylor, you are not under legal obligation to provide access to your neighbors.

To be open, in the eyes of the law, your garden is your castle – roses, weeds, dwarfs and all.

There is no general legal requirement for your neighbor to allow your land. If they run on the fence without your consent, it creates an unauthorized entry. He speaks legally, not yours.

However, since the parliament could not resist the legislative, we have access to the neighboring Land Law of 1992.

This regulation allows your neighbor to apply to the court for an access order if they need to do ‘basic protection works’. This includes maintenance, repair or renewal. Creating a wall can almost be entitled, but this is not given.

If you refuse access, your neighbor’s only application is to sue. The judge will consider whether the studies are really necessary, whether your discomfort and the fate of Yasemin can be compensated and whether any condition such as payment for damage or the need to wear these small blue shoe covers will be applied.

For those who appreciate the legal precedent of the Mulk Bling, consider a new South Kensington case.

The two neighbors were involved in a dispute on access to processing. The court, for the first time in thirty years, has finally accessed such a case, but only after giving compensation and a list of longer conditions for Oasis tickets than online queues.

In your case, the council is right. If you do not access, the creation application capabilities are practically limited.

Planning conditions may require a matching end, but the Council cannot force you to open your garden door.

Your neighbors should complete the work, negotiate with you or take their chances in court. Until then, you can continue to tend to your garden, which is sure that your limits are intact, both legal and in reality.

Duncan Lewis Lawyers Manjinder Kaur Atwal, Director of Property Law, says: Unfortunately, this is a widespread dilemma for the landlords in strictly packaged settlements, and increasing rear and side extensions are under permission to development.

Even if they need to complete the creation of building works, you do not have to allow your neighbor to access your land.

Although your neighbor has received a planning permit or building within the permitted development limits, it does not give them an automatic right to cross the border line or intervene in your land, including plants or fixtures in your garden.

Manjinder Kaur Atwal is increasing more neighboring disputes about the extensions completed through permissible development

If they want access, of course, you can voluntarily give in agreed conditions such as timing, compensation for any deterioration or any damage.

However, if you refuse, they must either adjust their works accordingly or seek a legal way.

For this, the most common legal mechanism is under access to the 1992 neighboring Land Law.

Your neighbor may apply to a district court for an order that provides access to perform protection work that may involve rendering.

However, the court should be pleased that the work is reasonable, that it cannot be completed without access and that access will not cause you an unreasonable intervention.

In practice, these orders are relatively rare due to the relevant cost and time. For this reason, your neighbor is strongly encouraged to discuss the problem with friendly, ideally in writing and in the clear details of the necessary access and time.

Separately, in accordance with planning rules, the permissible development usually requires that materials have a ‘similar appearance’ to the current property.

If your Council has accepted your neighbors’ intention to create an extension in the future, it may be met.

However, the application is optional and usually depends on practicality such as access.

If the creation is never completed and the extension remains unfinished, you may make an official complaint with the Council and claim that potentially planning conditions are violated.

This also emphasizes a wider concern, that is, how the implementation of planning when special rights set out is often limited teeth.

If you refuse to access your neighbors, the Council may not really do or act, but it certainly does not mean that your neighbor has the right to cross your garden.

You are in your right to say no, and your neighbor should plan better or discuss the issue before.