Can I stop neighbour removing my fence and trampling on the garden to build their extension? Consumer lawyer DEAN DUNHAM replies
My neighbour is building a kitchen extension and they want to temporarily remove part of my garden fence to give their builders more space to work.
This will be inconvenient because they’ll be trampling on my garden – I have nice plants along the fence – and it will compromise my privacy.
However, it’ll be hard for them to complete the extension without it. Can I say no?
Name and address supplied.
Dean Dunham, consumer rights lawyer, replies: Technically, yes, as your neighbour has no automatic legal right to remove or interfere with your fence or access your land simply because it makes their building work easier.
Your garden is yours, and convenience for next door does not trump your property rights.
Access rights: A reader is concerned about their neighbour wanting to temporarily remove some of the garden fence to build an extension (file picture)
However, the law does expect neighbours to behave reasonably, and this is where things get a little more nuanced.
If their builders genuinely cannot complete the work without access, your neighbour may apply to the court for what is commonly referred to as an ‘Access to Neighbouring Land Order’ under the Access to Neighbouring Land Act 1992.
This allows access only where it is necessary to carry out basic preservation works – not because it’s quicker, cheaper or more comfortable for the builders.
Even if such access were granted, it would come with strings firmly attached, such as limited timescales, strict conditions, compensation for inconvenience, and an obligation to reinstate your fence and garden exactly as they were.
Your privacy and security should be protected, not sacrificed.
As is always my advice in these situations, do all you can to reach an amicable solution with your neighbour as issues like this can escalate very quickly and turn into a dispute.
Where possible, always avoid disputes with your neighbours, as not only can they make life at home uncomfortable, but it is something you would have to disclose if you ever sold your house and this could cause a buyer to use it as an excuse to reduce their offer or put them off buying your house altogether.
Also, remember you may need to ask your neighbour a favour at some point in the future.
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Holiday cottage pricing error
I booked a holiday cottage for an upcoming trip with my family for £2,000.
The owner got back to me a couple of weeks later to say there had been a ‘pricing error’ and I could take a replacement property that costs less, or have my money back.
Can I make them honour the original price?
R.M., via email.
Generally speaking, once you’ve made a booking and the owner has accepted it (usually by confirming the booking and taking payment), a legally binding contract is formed and at that point both sides are expected to stick to the deal, including the price.
However, the law also recognises genuine mistakes and provides a mechanism for unwinding contracts in these circumstances.
The party seeking to unwind the contract (here the cottage owner) must be able to produce evidence that there has been a manifest error or a genuine mistake with the price and therefore must be able to show that it’s not just a case of them ‘changing their mind’ about the price.
Here, it’s interesting that you are being offered either a refund or alternative property, rather than being given the opportunity to pay an extra fee to visit the cottage you have booked.
This sounds like the owner has rented the property to someone else and, if that’s the case, it considerably weakens their argument that there was a mistake.
In the first instance, you should tell the owner that you do not believe there has been a mistake and ask for proof that the cottage would usually rent out at a higher price on the date of your booking.
It’s worth telling the owner that you will be seeking a refund and compensation for inconvenience if they refuse to honour the original contract.
If this is ignored, your only choice will be to issue a claim in the small claims court for breach of contract, but only do this if you have concrete evidence proving that it was not a pricing error.
