Builders access my land without asking?

[abillybob]

Hi All

 

So I work staggered hours and today wasn't having to go in until 10.30am. We have moved house which I'm sure a lot of you know and have been very happy living there, minimal problems and the building manager has looked after us well.

 

Up until now... I was awoken by the builders doing some jack hammering outside our house, but this is normal behaviour and they've been doing similar in previous weeks so I just ignored it and went back to bed. It came to around 9.30 when I have to leave for work and I noticed the builders had ripped up our turf and dirt around our house, they never asked if this was ok or notified us.

 

I looked around and they'd all b*ggered off somewhere and because I had to go to work I couldn't wait about so I took some photos and got in my car. Tried calling the sales office but they don't start until around 11am and I called an on-site technician that has helped us with snagging before. He told me that they're having to dig it up to access the cobbles as the council has requested they straighten them up.

 

If they'd of come and seen me and asked if it was ok I wouldn't of had a problem but the fact they'd obviously waited until a time where they believed myself and my wife would be out at work and then done the job, I presume hoping they could patch it up and "we'd never know" kind of attitude it a bit naughty. Surely they're not allowed to do this without my permission, makes me worry what they're doing when we aren't there!

 

Is there anything I can do? I'm going to speak with the sales manager when they're in but I'm unsure if I can charge them for access on my land or if I have to shut up and deal with it. Surely it'd be like me going over to a neighbours property, not asking but digging up their garden so I can access a service. They don't own our land!

 

Any advice would be most appreciated!

 

[sippo]

What's the issue? If they put it all back like they found it, and it doesn't cause further issues, then what's the problem? Looks like you live on a fairly new estate. This is standard stuff you get with new housing estates.

 

I think you genuinely worry too much and make mountains out of mole hills. Life is too short to worry. Go and make a complaint if you feel you must, but ask yourself 'Will it get you anywhere?'

[DEfrostphone]

I would speak to the sale manager, ask him to confirm that they will make good any damage and why they didn't inform you. Follow this up with an email as from experience someone's word means nothing always confirm it in writing. Technically it's trespass but you wouldn't get anything as inconvenience is minor, as long as they make good the damage.

 

I had something similar three years ago new neighbour started building work without asking, damaged flat roof and build over the boundary without my consent. He said all the right things at the time. Three months later he came to tell me that there was water running into his extension refuse to get the builder back. After a month I got it patched at that point he denied all responsibility dragged it out for over a year. Was left £1300 out of pocket for £3500 worth of damage.

 

Moral of the story never accept verbal assurances when money is involved.

[LincolnE]

I doubt they are waiting for a time when people wouldn't be around. I'd moresay they are doing it during their own working hours. They can't do it any earlier in the morning for noise issues and it gets dark quite a bit in the evening?

[abillybob]

So you guys reckon I should just leave it? I just thought it was a bit rude and cheeky that they didn't come and let us know first or bother asking?

 

If a neighbour did this so that they could access something under your lawn would you just leave it and forget about it as long as they put it back? *Not being sarcastic genuinely interested.

[DEfrostphone]

No one can access your property without your consent that is Trespass which is a civil crime. Technically doing work and not making good is classed as criminal damage and your insurance company will refuse to pay out if you haven’t reported it to the police at the time. But the police would not be interested!

 

 

Might just be worth sending a quick email asking them to confirm they are going to make good. But realistically any damage under £10,000 is not worth going to court for as it’s going to cost you more than that in legal fees. Great system we live in!

 

Depends on the Neighbour, but yes I would let them do it as long as they made good, no point falling out as you have to lived next door to them. But Builder or Company I would ask them to make good, as they are more likely to do something and not be bothered about good relations.

Edited November 5, 2019 by DEfrostphone

[bossman]

@abillybob

 

Its not your land that they are repairing its the coping stones holding the tarmac in place for the pathway, as this is maintained by their groundworks team they don't have to ask permission to correct what is their responsibility only if it effected part of the house or drainage leading into your property would they then require permission, they will make good your lawn and no one will be the wiser....don't make a fuss you might require them to do some work for you later on as the house settles and to rile them up would delay any future works on your property, had many a friend who has blasted off at the builders groundworks team get short shrift when they required repairs to the property due to settling in cracks and the like....

 

Remember don't sweat the small stuff!...have a good day

 

Oh and don't forget you don't own the land yet the mortgage lender does...just saying like

Edited November 5, 2019 by bossman

[abillybob]

Cheers all I'll keep my head down then

[Achandler]

Teeny big of damage that will be made good on what is essentially a building site. It's probably within the T and Cs of the purchasing as well, that they might need to access your land until the whole thing is handed over.

 

The gas board and water people will happily dig holes in front of your driveway (public land) and stop you accessing it without any notification.

[abillybob]

Teeny big of damage that will be made good on what is essentially a building site. It's probably within the T and Cs of the purchasing as well, that they might need to access your land until the whole thing is handed over.

The gas board and water people will happily dig holes in front of your driveway (public land) and stop you accessing it without any notification.

 

Yeah I get that but both area's are my garden, it's my land on the deeds not public land. Just got an email from my network at home to say its offline... hoping they haven't cut through BT's fibre.

[sparkeh]

Yeah I get that but both area's are my garden, it's my land on the deeds not public land.

If you are really that bothered, the first thing to do would be to check the conditions of the sale. Looks like a new estate, is it finished? Are there, like many new estates, clauses in your contract that state that the house builders can correct this kind of thing until the whole estate is finished and handed over?

[bald_pig]

Yeah I get that but both area's are my garden, it's my land on the deeds not public land. Just got an email from my network at home to say its offline... hoping they haven't cut through BT's fibre.

 

If they cut through the fibre how would you get the email?

 

In these kind of estates, they are usually leasehold instead of freehold, so you don't actually own the land, the site are responsible for maintenance etc. and this would fall under that.

[abillybob]

If you are really that bothered, the first thing to do would be to check the conditions of the sale. Looks like a new estate, is it finished? Are there, like many new estates, clauses in your contract that state that the house builders can correct this kind of thing until the whole estate is finished and handed over?

Nothing in our condition of sale... Not as though I'm going to bother in reporting this I'm just saying! I've checked through the official contract I have here from them which is only 2 pages long, nothing to stipulate anything that they can use my land until the site is finished. There's something in there about every home having to pay £130 maintenance fee for keeping public grounds tidy for a year but that's it.

If they cut through the fibre how would you get the email?

In these kind of estates, they are usually leasehold instead of freehold, so you don't actually own the land, the site are responsible for maintenance etc. and this would fall under that.

I have a 4G backup, the line is definitely down as I just RDP on to my network through the 4G and the internet is down on my router, hoping it's just a coincidence but it's the first time it's ever gone down since having it installed (passed 5 months)

Not leasehold the house is definitely a freehold, I made sure of that with the Sales guys and the solicitors before I purchased the house.

[Ditto]

Hopefully not too off topic, but the paving blocks in the first photo don't appear to have been sanded and therefore I also suspect the paving has not been sealed. Is that as expected?

[Sheepy]

Anyone else just wanting to know if they made good the mess they left you?

 

[jimmy_2k]

You think this is bad? I came home and found my entire driveway had been dug up! The house was 10 years old but the land outside hadn't been adopted by the local authority. The demarcation strip on my drive was in the wrong place apparently so they dug the whole thing up while I was at work. The driveway guys were apologetic and said they were going to relay it the next day and could I leave the garage door open so they could finish it. It was all sorted in the end but i'm glad I didn't need access to the garage behind.

[witch]

I wouldnt make a fuss but I would drop a quick email to the appropriate person asking if this sort of thing is likely to happen again, and that you would like to be asked or at least informed if it is going to happen on your land again.