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Jo C.
Jo C. , Barrister
Category: UK Property Law
Satisfied Customers: 69042
Experience:  Over 5 years in practice.
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Hi There, I read your answer regards XXXXX XXXXX to carry

Resolved Question:

Hi There, I read your answer regards XXXXX XXXXX to carry out work in the garden. So I am in the opposite situation, my neighbour wants to use my garden to do wall insulation and I am definitively will say NO to it.
My neighbour has been attacking me for last year, been racist and discrimination regards XXXXX XXXXX my autistic son. I am from Brazil and they are English. Police and council are in the case and police officer said that any new situation caused by them is to call police immediately . Council is treating it as racism and discrimination, police as ASBO, police said they will not stop till i make move. last harassment just just 2 weeks ago. It is just to give an idea to how bad situation is.
This neighbour asked my husband permission to do the job, he said that he couldn't see a problem and need to give notice first. When spoke to me I said my husband that is a problem and I will not allow any work to be carried out in my garden, plus my husband doesn't spend week in the house as he works in London.
I just want to clarify, is it my right to say no, ? If I haven't got the right, I will still saying no even if goes to court, because this work will cause too much stress to my autistic son and due to "NO GOOD NEIGHBOURHOOD" policy applied by them, i don't see any reason to make effort to help.
Thanks very much for reading my question
Looking forward for your answer
Alexandra Lillie
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Jo C. replied 2 years ago.
HiThank you for your question. My name is XXXXX XXXXX I will try to help with this.How can I help with this please?Right to say no to what exactly?
Customer: replied 2 years ago.

Right to say no to use my garden to carry out work on their wall

Expert:  Jo C. replied 2 years ago.

You certainly could refuse. It is ultimately your property.

If his intention is to perform insulation work upon his property and the only access point is your garden then he could seek a mandatory injunction order forcing you to allow him to do that but whether he will or not is another matter. There is cost in that course if action and some inconvenience.

If he does make that application you will get notice and can contest it.

Can I clarify anything for you?

Customer: replied 2 years ago.

So to clarity, if he takes action it will be on his expensive not mine?

and I heard that this work can be done inside the house, avoiding use neighbours house

is that right?

Expert:  Jo C. replied 2 years ago.
Yes, but if he succeeds you will be liable for costs.

Whether he can gain access by other means depends in the configuration of your properties.
Customer: replied 2 years ago.

How much would it cost to me if I loose it?

can I argue that the reason that I am not allowing work is the stress it might cause to my autistic son. It is a trigger for his violent behaviour and he will attack me and his little brother, and will take few days to calm him down

Expert:  Jo C. replied 2 years ago.
I'm afraid a mandatory injunction could well be expensive in particular if the court finds that you are just disallowing something for no good reason which is a risk here. I understand he is an anti social person but he will not be himself accessing your property.

No, I'm afraid not realistically.

A court would probably accept that you don't want this man on your property himself but Whats being proposed is that his workman would gain access to the outside of your building to do essential works.
Customer: replied 2 years ago.

Insulation is not classified as essential work.

Expert:  Jo C. replied 2 years ago.
No but its not unreasonable I'm afraid.
Customer: replied 2 years ago.

Ok thanks

Expert:  Jo C. replied 2 years ago.
No problem and all the best. Sorry it cannot be more positive.

Please remember to rate my answer.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 69042
Experience: Over 5 years in practice.
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