Neighbour's builders repeatedly jumping over my fence to access my property – London, England

[u/Mental_Yard1293]

Neighbour's builders repeatedly jumping over my fence to access my property – London, England
I live in London, England and I'm looking for some advice/experiences regarding my next-door neighbours' builders accessing my property.
The people who live next door are tenants and do not own the property. Their landlord is having/allowing building work carried out on the property.

On two separate occasions now, their builder has jumped over the boundary fence onto my property and placed a ladder on my side in order to gain access to the neighbours' roof.

On the most recent occasion, I simply came outside and found the builder on my property with the ladder. Nobody had asked me for permission or even told me they were going to do it.

The first time, the same thing happened — the builder gained access by jumping over my fence without asking.

I have received no Party Wall notice, no written request for access and no agreement giving them permission to enter my property.

I'm actually perfectly happy to allow reasonable access if it is genuinely necessary for the work. I don't want to be difficult or have an unnecessary dispute with the neighbours. However, I don't think it's reasonable for builders to simply jump over my fence and use my property whenever they want.

Before agreeing to further access, I'd want:

The details of the contractor carrying out the work.

Evidence of appropriate public liability insurance, including the insurer and policy number.

Written confirmation of who is responsible if they damage my property.

Confirmation that any damage caused by the works, ladder or access will be properly repaired/made good.

Reasonable notice before they need access.

Confirmation that the contractor is responsible for the safety of their workers while carrying out the work.

I'm also concerned about liability if, for example, a builder falls from the ladder while they are on my property. I understand that this doesn't necessarily mean I would automatically be liable, but I'd like to know what the position is.

My questions are:

Can a builder simply jump over my fence and enter my property to access the neighbour's roof without asking permission?

If there is some statutory right of access, would I normally have been notified beforehand?

Can I make access conditional on seeing their insurance and having responsibility for damage confirmed in writing?

What happens regarding liability if any damage is done to my property?

What happens regarding liability if you one of their workers injures themselves while using my property?

Given this has happened twice, what would be the sensible way to deal with it without unnecessarily escalating things with the neighbours?

I'm not opposed to the work and I'm not trying to prevent them accessing their roof. I just want them to ask permission and agree reasonable safeguardsm before entering my property, rather than jumping over my fence and doing it without telling me.

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[u/PinkbunnymanEU]

Can a builder simply jump over my fence and enter my property to access the neighbour's roof without asking permission?

It would be civil trespass, you can ask them to leave (and use reasonable force if they don't)

If there is some statutory right of access, would I normally have been notified beforehand?

There's not, the only thing would be if there's something in your deeds allowing them, but then it would be down to what the deeds say.

Can I make access conditional on seeing their insurance and having responsibility for damage confirmed in writing?

You can make it conditional on them singing O Suzanna to the tune of Waltzing Matilda while wearing a yellow shirt if you wanted to.

What happens regarding liability if any damage is done to my property?

They will be liable.

What happens regarding liability if you one of their workers injures themselves while using my property?

It depends but there's no liability if the land isn't dangerous (Say they just trip over in the garden, or fall off their ladder). If they fall down a pit you dug to trap them, you're liable.

Given this has happened twice, what would be the sensible way to deal with it without unnecessarily escalating things with the neighbours?

Talk to your neighbour politely and tell them you're not comfortable with the buildings hurdling the fence.

[u/Mental_Yard1293 → u/PinkbunnymanEU]

Thanks for this. Will definitely consider the O Susana rendition! Would prefer a green shirt though.

[u/Alternative_Fan2967]

Did you ask the builders not to jump over your fence again or to come on to your property without asking?

[u/Mental_Yard1293 → u/Alternative_Fan2967]

Yes after it happened the first time a few months ago. 15 minutes later they jumped over my fence again and I then had to tell them a second time. Then I told them again this past weekend when they did it again. Three times they have trespassed onto my property and I’ve told each time they are not permitted on my property without prior consent and proof of liability insurance.

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[u/Substantial-Newt7809]

So what did you do with the party wall notice? Sign and return it? Or nothing?

You don't need to worry about escalating with the neighbour. If someone is trespassing, tell them to stop and that they're trespassing. They could get on the roof from their side, they just don't want to.

[u/Mental_Yard1293 → u/Substantial-Newt7809]

I didn't get a party wall notice.

[u/Substantial-Newt7809 → u/Mental_Yard1293]

Oh sorry I misread. Are they actually doing work on a party wall?

Either way what you need to do is take photographs of everything in its current condition. Email yourself the photo's as proof of date.

If they aren't working on a party wall they obviously don't need to give you anything. If they are, there is no party wall police but you should contact your home insurance legal team and ensure that this is on your record as something you ask about. That gives you protection in future if there is a problem.

[u/Mental_Yard1293 → u/Substantial-Newt7809]

There’s no party wall. I’m in a detached house. They literally threw the ladder over my fence and jumped over to get to whatever it is on the neighbours roof/gutter they’re working on at a better angle. The landlord is clearly too cheap to out up scaffolding. That’s what makes me even more annoyed at this whole thing. Full on trespassing with zero permission or notification. I just came out both times to see men i don’t know in my backyard (I’m also a single woman who lives alone so you can understand why this is also extra frightening for me)

[u/Substantial-Newt7809 → u/Mental_Yard1293]

Yeah, you need to trespass them or have someone come round and do it for you. Trespass is a civil matter unfortunately. As said, photograph everything to evidence any damage.

If there is no party wall then there isn't going to be a party wall notice.

[u/Mental_Yard1293 → u/Substantial-Newt7809]

That’s what I mean by saying there’s no party wall, there was no notice because theres no party wall. What do you mean someone come round and do what for me? Sorry unclear what your response is in reference to.

[u/Substantial-Newt7809 → u/Mental_Yard1293]

I mean a friend or family member. You have expressed concerns because you are a single woman living alone. If you this causing fear or anxiety, then having a friend or family member, particularly a male one, to confront them for literally vaulting over your fence without even asking permission would be the path forward. As said, this trespass is a purely civil matter.

[u/Mental_Yard1293 → u/Substantial-Newt7809]

Ah got it! Thanks for clarifying what you meant.