Can My Neighbour Enter My Garden Without Permission? Party Wall Act 1992

Entering a neighbours property without prior consent from the house owner is illegal. You are not allowed to enter your neighbours garden to build a loft extension, look for a ball or erect scaffolding.

Entering a Neighbours Garden
Entering a Neighbours Garden

A court order must be sort for repair or preservation work if you are refused to carry out these needed repairs.

We have heard many stories about painting fences, repairing walls or erecting scaffolding when no notice was given.

Resolving Neighbour Disputes

If you are looking to carry out DIY or repair work to your property you should approach your neighbour in a polite and courteous manner.

Ask them correctly and explain why you want to enter their garden. The majority of the time your neighbour will permit you. Just make sure you clean up after you are done.

  1. Speak politely
  2. Set a time a date
  3. Explain what work will be carried out
  4. Give a time scale for the required work
  5. Common sense must prevail

Police & Prosecution

If you enter a neighbours garden without permission you might get prosecuted by the police for trespassing or criminal damage. The police will ask you to explain why you are there. If you have caused damage then be prepared to answer for this.

Legal Reasons To Enter Your Neighbours Garden?

If you are refused access to your neighbour’s property to carry out repair/preservation work then you will need to apply to the courts under the party wall act of 1996.

The judge will make a ruling depending on the work that needs to be carried out. These works are:

  • Blocked sewage works
  • Repairing pipes and cables
  • Removal of dangerous trees or bushes
  • Structural damages or repairs

Top Tip: Notice must be given to the neighbour before work is carried out.

You cannot gain access to your neighbours garden from the courts for:

  • Loft conversions
  • Extensions
  • Painting fences
  • Shed repairs
  • Retrieving items
  • Scaffolding unless for structural repairs

For the above construction or DIY, you will NOT be granted access through the courts. So be sure to try and resolve any disputes with your neighbours, good luck.

2 thoughts on “Can My Neighbour Enter My Garden Without Permission? Party Wall Act 1992”

  1. My neighbour entered my garden during lockdown and lopped an established Japanese Maple Much to my distress !
    A week later my shed was burnt down by a neighbouring refuge fire and I have had to move out , losing all my posessions. Since then my neighbour has used the time to enter the garden and psijt the fence that he erected on our existing fence and I do.not approve of his work .
    He has also.pretty much now obliterated the remaining part of the Japanese maple too

    Reply
    • Hey Sharon,

      Your neighbour should not be in your garden cutting trees, you should call the police and tell them what he has been doing. It’s criminal damage if the tree is in your property! You can only cut overhanging branches up to the boundary line separating your properties! Your neighbour sounds like a right bright spark! Has he paid for the fire damage?

      Hope this is sorted soon for you!

      Reply

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