Neighbours' builders using our garden

[Lupa Monkey]

Hello, can anyone help with a situation?

Over a month ago we agreed to let out neighbours have access to our garden for their builders to re-render the side of their wall. It has involved removing a pergola and uprooting some plants for them to erect scaffold. We agreed as we wanted to keep friendly with our neighbours and was assured it would only take 2 weeks.

They wake us at 8:15 every morning to gain access through our side gate.

Well basically it is 4 weeks into the work and we are not happy. For the last 2 days they have not even bothered working on the wall in our garden but have carried on the work along the rest of the neighbour's house and are using our garden for access across the scaffold and to store their cement mixer and leaving our garden unmanned while all the time our garden gate is left unlocked all day. They have almost finished the rendering save for a strip along the bottom. The way I see it they are saving that bit at the bottom as an excuse to store their cement mixer in our garden. NOT HAPPY

We are fuming that they have not finished the wall at the end of our garden before they carry on with the rest of the house. They have outstayed their welcome by 2 weeks AND they are taking liberties. To add insult to injury one of our uprooted plants has already died and it was one of my favourites. This was one of the concerns we aired with them at the beginning.

I've run out of patience and want them to get the hell out of my garden. This is the 5th weekend I can not sit out and enjoy my plants as it is only a wee garden and the uprooted plants and dismantled pergola are taking up what little space we had.

To top it all I've been off work sick for 2 weeks and could have done with relaxing in my garden.

When they knock on the door tomorrow at 8:15 I have half a mind not to answer it!

A friend suggested we charge them money for use of our garden, or we deny them access. Or would that be seen as blackmail?

Please can someone tell me my rights



Here are some pics to give an idea of the chaos. As you can see from the image from the back bedroom we are surrounded by builders!!!

Untitled

• Lupa Monkey
• 16 Jun 2011
• 1

Untitled

• Lupa Monkey
• 16 Jun 2011
• 1

 

[JohnD]

your neighbours are in charge and the builders are working for them. Presumably it was the neighbours who asked for 2 weeks access?

tell the neighbours that the two weeks are long over and you want all the materials and equipment out of your garden today. Say you will get someone else to move them if the builders are unhelpful.

Say that when they want a couple of days access to finish that little strip, the neighbours must let you know and you will agree a mutually acceptable date.

Try to avoid a barney. Try to be pleasant to your neighbour, you'll have to live with them in future.

You can put it in a letter if talking doesn't work.

They have no right to do it.

When they knock on your door tomorrow say you want to talk to their site manager. Don't let them in until you've told him the same and he's agreed. If he isn't available, say oh dear, what a pity, ask him to call round when he's free, goodbye. and shut the door.

p.s.
You do realise you ought to have spoken to the neighbours at the end of the agreed two weeks, don't you?

 

[Lupa Monkey]

tell the neighbours that the two weeks are long over and you want all the materials and equipment out of your garden today. Say you will get someone else to move them if the builders are unhelpful.

Hi John D, only problem with that is, the scaffold is needed to paint the render, so expecting them to remove it now would be a tad impractical!

Yes I know we should have spoken to the neighbours after the 2 weeks, but we were willing to put up with the delays when they were being productive and just put it down to a miscalculation. It's just the lack of activity in the last 2 days which has got my hackles up. That is just taking the 'P'!

I was hoping that charging them a daily fee would make them 'productive' again. But is that the done thing?

 

[JohnD]

let them come up with the reasons why it's difficult for them. Make sure they start by taking the mixer away.

if they say it's awkward to remove the scaffold, you can say "well what are you going to do about it then? You do realise I won't allow it to stay indefinitely?" they might promise to remove it with X days; then you can say "well X days and no more. I want it gone by X+1 or I won't allow access onto my land again"

If they offer a daily fee, say you want it paid in advance, and the day it expires is the day they don't get any more access. I'd try £25/day. If they say it's too much, say "well you'd better hurry up and move then"


it's easy for me, I haven't got to do it!

A useful trick when someone tries to offload their problem onto you is to say "Yes, I can see you've got a problem. What are you going to do about this problem of yours?"

 

[jeds]

Don't get too complicated with it. Just tell them they have taken far too long - twice as long as promised - and you want them finished. You don't have to give them reasons. Tell them they have three days and you want the scaffold down.

 

[Lupa Monkey]

Well just spoke to Dave the boss. I understand that the delay is due to the rain as they can not paint the render (wasn't raining yesterday!). Fair enough. Just seeing 2 days of inactivity got me incensed. He is aware of our unhappiness.

He has reassured me they will aim to paint it either Monday (rain forecast ) or Tuesday and take down the scaffold the same day.

We'll see

 

[JohnD]

why haven't they taken the mixer away yet?

 

[Lupa Monkey]

why haven't they taken the mixer away yet?

They have, and I've locked the gate behind them. They've spent the day pointing the chimney so at lease there is a reason for the scaffold to still be there.

 

[JohnD]

Well done!