Tenancy rights

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ray_a

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Post by ray_a » Mon Sep 03, 2007 4:17 pm
I don't know if anyone has the answer but thought I would try and see if someone has the answer.

We went away for a few days camping to enjoy the last bit of sun or lack of it!

Whilst away my neighbour came into our garden to cut some bushes without asking. Is he entitled to do this given that we are renting the property and can I stop him for doing this as I see it as an invasion of my privacy. We allowed another neighbour to do this a few
weeks ago and he had asked us and we were more than happy.

Just be interested if anyone has had any experience on this?

Thanks

Ray
 
 

jane.l

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Post by jane.l » Mon Sep 03, 2007 5:08 pm
I think if a tree or bush is encroaching onto someone’s garden, they have the right to trim it, but from THEIR garden. Not too sure if they can just come into yours or not, I would have thought they should have asked out of courtesy!!!!!!!!
 
 

nic_23

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Post by nic_23 » Mon Sep 03, 2007 5:16 pm
In law you are entitled to cut off any branches overhanging your property provided you return them to the owners. Beyond, that seek advice from a citizen's advice bureau about your rights. Entering someone's property, without permission, to cut a tree/bush would undoubtedly be illegal. You may need to take matters to court.
 
 

aguise

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Post by aguise » Mon Sep 03, 2007 6:00 pm
Hi there Ray nic is right they can cut anything that is overhanging their garden and should return the cut off pieces. They should have asked permission from you or at least from the landlord to have entered the premises or to have cut anything in a garden not belonging to them.
Check with the landlord and see what he thinks.

Ang

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BECKY

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Post by BECKY » Mon Sep 03, 2007 6:20 pm
Dont know for sure but i thought the law had changed now and that if someone needed to acess ur property to service there own they were allowed to. Even so its common courtesy to ask the cheeky sod!!!!
 
 

Rainbow

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Post by Rainbow » Mon Sep 03, 2007 6:40 pm
Hi all

No-one is allowed to enter your garden/property without permission - Even your landlord has to give your written notice of wanting access unless its an emergency - Cutting branches would only be deemed as an emergency if the tree had fallen down and was in danger of causing more damage!
They do have the right to trim overhanging branches but only if they have asked for permission to do so - You also have this right to trim your neighbours overhanging branches but you must offer them the cuttings!

Hope this helps
Rainbow [:)]
Last edited by Rainbow on Mon Sep 03, 2007 6:41 pm, edited 1 time in total.
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BrassicLintus

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Post by BrassicLintus » Mon Sep 03, 2007 7:57 pm
Hi Ray, I downloaded this bit of info for you, hope it helps!

Access to Neighbouring Land Act 1992
This gives limited right of access to a neighbours garden/land to carry out "basic preservation works". Until this Act was passed, adjoining owners had virtually no right to go onto their neighbour's land under any circumstances unless it was contained in the Title Deeds. The Title Deeds may well contain a right to go onto your neighbour's land to maintain e.g. drains, pipes and wires particularly if your is a house on a new estate. The right given by the Act has strict rules attached to it. Written notification must be given to the next door garden owner and it is enforceable by Court Order if access is denied.

What does "basic preservation works include"? In the case of gardens:

"the clearance, repair or renewal of any drain, sewer, pipe or cable so comprised or situate;
the treatment, cutting back, felling, removal or replacement of any hedge, tree, shrub or other growing thing which is so comprised and which is, or is in danger of becoming, damaged, diseased, dangerous, insecurely rooted of dead; filling in, or clearance of any ditch ……."

It should be noted that the Act does apply to party walls.

I've got the opposite problem! My neighbours garden is a nightmare, she's got a bramble bush that's about 20 foot by 20 foot and about 7 foot high right next to my fence (which is crumbling under the pressure) yet she's elderly and she's slightly disabled, so it's costing me a fortune in weed killer as I can't expect her to do anything! Annoying thing is I had all my garden gravelled so
I didn't have to worry about maintenance!!
 
 

ray_a

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Post by ray_a » Tue Sep 04, 2007 10:24 am
Hi

Many thanks for the advice.

I spoke to one of my other neighbours who said he is a very difficult person and to ignore him.

The problem is that there are a number of fruit trees and they tend to go over on everyone's gardens unless pruned. As he told me last night everyone except for him cooperates!

Basically he has been very successful in business and thinks he has the right to be the only person living in the road. I was also told that he is very annoyed that our home has been rented out and apparently there were problems with previous tenants!
Such as noise and the garden being used as a football pitch and balls going over fences!

I was advised at this stage not to do anything as no doubt he will want to do something else and then have a talk with him then ie build a case!
 
 

Skippy

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Post by Skippy » Tue Sep 04, 2007 10:56 am
Don't you just love people like that?!? At least the rest of the neighbours know what he's like.

Sadly I think wherever you live now you can get problems - I was woken up in the night by one of the neighbours having a row with someone on the phone (well I couldn't hear anyone else!) and they were effing and blinding away. I don't want to hear it any time, let alone when I'm trying to sleep!

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jane.l

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Post by jane.l » Tue Sep 04, 2007 11:24 am
I don’t think the people who live in my cul-de-sac EVER sleep!!

There are young children shouting and playing out very late up till about midnight sometimes, even tho they are back at school and very early on Saturday mornings, always before 8am, there are car doors slamming and kids shouting!!!!!!!!!!!

I don’t sleep very well at the best of times!!!!!
 
 

BrassicLintus

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Post by BrassicLintus » Tue Sep 04, 2007 12:29 pm
I used to have neighbours from hell!!! They used to have visitors till all hours and whenever their visitors left they used to blow their car horn!!! Why do people do that??!! Isn't saying goodbye enough!
 
 

Skippy

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Post by Skippy » Tue Sep 04, 2007 12:43 pm
Our neighbours went through a stage of being very er, noisy from 12.30 every night - we could hear everything, and I mean everything!

Yesterday is history, tomorrow is a mystery, today is the present - a gift to make the most of.

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jane.l

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Post by jane.l » Tue Sep 04, 2007 12:55 pm
ooo eeeeeeer!!!
 
 

Rainbow

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Post by Rainbow » Wed Sep 05, 2007 7:18 am
Thought this might make you smile from my days in housing - I once had to visit tenants following complaint that from their neighbours that they could hear everything at night!?! Midday, afternoon, mornings, evenings!! They were newly married.....Apparantly after my visit they used to go out a lot!!
Every Cloud has a silver lining. At the end of the Rainbow is a Pot of Gold - Or Hope!
 
 

ray_a

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Post by ray_a » Wed Sep 05, 2007 9:48 am
Amazing what this thread has come up with!

LOL!
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