Neighbour Trespassing in My Garden – What Can I Do?

Having a beautiful garden to relax in and enjoy is a great pleasure, but it can be frustrating when neighbours cross the line and enter your property without permission. Neighbours trespassing in your garden can be an uncomfortable and awkward situation to deal with, but there are ways to handle the situation effectively and respectfully.

In this article, I’ll explore some tips and strategies for handling neighbours trespassing in your garden and maintaining a positive relationship with them.

So if you find a neighbour trespassing in your garden, what can you do and what are your legal rights?

Trespass meaning?

Trespass refers to the act of intentionally or negligently entering someone’s land or property without permission or a legal right to do so. It is considered a civil wrong or tort that can result in liability for damages, injunctions, or other forms of legal relief. In some cases, trespass can also have criminal consequences.

Trespassing can take many different forms, including:

• Physical entry onto the property
• Taking possession
• Unlawfully remaining on the property after your permission expires (such as a tenancy agreement)
• Unlawfully setting foot on the land
• Driving over someone’s land
• Invading airspace above the property
• Throwing objects onto the property

It is important to note that trespass can also have criminal consequences in some cases, such as when it involves criminal damage, harassment, or intent to cause harm. However, in most cases, trespass is considered a civil matter and is dealt with through legal action in the civil courts.

It is important to understand that some neighbours may not realise they are trespassing and may not intend to cause harm or discomfort. Therefore, it is essential to approach the situation with a calm and understanding attitude to avoid any potential conflicts.

If you are dealing with neighbours trespassing in your garden, it may become necessary to seek legal advice to understand your rights and options for legal redress.

Can a neighbour enter my garden without permission?

Neighbours cannot enter your garden without permission or legal right. Trespassing is a civil wrong that can lead to legal consequences, such as liability for damages. If your neighbour enters your garden without permission, seek legal action to protect your property rights and communicate calmly.

There may be a valid reason why your neighbour needs to gain access to your property and most of the time, neighbours have a good enough relationship to talk to each other and grant access, at a suitable time for both parties. However, sadly not all neighbours are accommodating or understanding.

If there is no valid reason for your neighbour to be on your land and they have entered without permission, then this would be classified as trespassing.

You should check your Deeds to your property, as there could be a right of way that grants access to neighbours. For example, it is common in terrace houses for there to be a right away across the gardens, so that the bins can be taken out.

However, under the Access to Neighbouring Land Act 1992, there are limited circumstances in which neighbours can go onto your property, even without your permission.

You should also remember that at any time in the future, you may also have to ask your neighbour to gain access to their land, so you should try and accommodate neighbours’ requests, if appropriate.

Access to Neighbouring Land Act 1992 Summary

Under the Access to Neighbouring Land Act 1992, your neighbour can go onto your land to make repairs to their own property or carry out basic preservation works. For example, your neighbour might need to clean out their gutters and this would be deemed as a reasonable reason for them to request access.

Under the Act, it should be noted that the reason/maintenance has to be ‘reasonable’ and that it would be impossible or more difficult to carry out the works if they didn’t have access to your land. However, the Act doesn’t include new developments, but its purpose is to allow land/property owners to preserve their land.

Under the Access to Neighbouring Land Act 1992, ‘basic preservation’ works includes:

1. the maintenance, repair or renewal of any part of a building or other structure comprised in, or situated on, the dominant land;
2. the clearance, repair or renewal of any drain, sewer, pipe or cable so comprised or situated;
3. the treatment, cutting back, felling, removal or replacement of any hedge, tree, shrub or other growing things which is so comprised and which is, or is in danger of becoming, damaged, diseased, dangerous, insecurely rooted or dead; or
4. the filling in, or clearance, of any ditch so comprised.

Your neighbour should still seek your permission and this may be made formally in writing. If your neighbour approaches you to gain access to your land for repairs, or preservation works and you refuse, your neighbour can go to court to gain access under the Access to Neighbouring Land Act 1992.

The Court will need to balance the necessity of the access to the Applicant against the potential hardship. The Court would confirm a date and time that the work needs to be carried out and they will ensure that the neighbour can still enjoy their land without too much disruption.

It should be noted that even if your neighbour gets planning permission granted for an extension, they can’t gain access under the Access to Neighbouring Land Act 1992, and you would have to permit them to enter your property.

Unless there is a real valid reason to decline, it would be recommended to let your neighbour gain access to your land, to avoid any further conflict.

How to deal with trespassing neighbours UK?

If you have found your neighbour trespassing in your garden, it can be quite a stressful situation, as you may not want to damage your relationship with them, but at the same time, you don’t want them to do it again.

How to keep someone off your property legally UK

Persistent neighbours trespassing in your garden can be a challenging and frustrating experience. If your efforts to prevent trespassing have been unsuccessful, there are several legal options available to you to keep someone off your property legally.

Firstly, you can file a complaint with the council or police, who can investigate the matter and take appropriate action. This can include issuing a warning to the trespasser or imposing a fine. You should only contact the police if you feel the neighbour is going to cause damage or harm.

If the trespassing persists, you may be able to obtain a restraining order or an injunction, which is a court order that prohibits the individual from entering your land or property. This can be a useful legal option if the trespasser poses a risk to your safety or the safety of your property.

If your neighbour is trespassing and they are insulting or aggressive, the Court may make an award of aggravated damages to compensate you for the mental distress and injury to feelings.

It is important to note that legal action can be complex and time-consuming, and it is essential to seek legal advice from a solicitor experienced in property law to ensure the best possible outcome.

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Conclusion

In conclusion, neighbours trespassing in your garden can be a challenging and frustrating experience. However, by establishing clear boundaries, communicating with your neighbours, and taking appropriate legal action if necessary, you can protect your property rights and maintain a peaceful living environment.

It’s important to seek legal advice from a solicitor experienced in property law to ensure compliance with local regulations and to achieve the best possible outcome. Remember, prevention is always better than cure, so take proactive measures to prevent trespassing and address any issues as soon as they arise.

If you are in immediate danger, then you should contact the police. The Met Police also have some guidance that you can read here:

https://www.met.police.uk/advice/advice-and-information/asb/asb/antisocial-behaviour/disputes-with-neighbours/