I am a council tenant in Sutton Coldfield. My next door neighbours bought their council house before I moved in and such is the layout of the properties my neighbours kitchen & bathroom windows overlook my rear garden. As such I am obliged to give them reasonable access to maintain their property... I have no problem with that.

My problem is that these same neighbours demand 24/7 - 365 access to my garden.They have removed the old council fence and replaced it with their own fence with an access gate that opens into my garden. They have also installed an outside tap & hose in my garden to enable them to water their own garden and wash their car?

I complained to the council about this and after 2 years of letters, phone calls, visits the council have not resolved the issue. In fact their only "solution" was to offer to give away a two foot strip of my garden to these neighbours. They would then install a chainlink fence that would run the length of my garden. In normal circumstances that would possibly work but unfortunately these people are very aggressive and verbally abusive and the police have had to be called on a number of occasions.

The council sold the property but have not clearly defined the boundaries and despite all my enquiries and complaints no-one in the council can or will act... I have no privacy, no security and for the three years I have lived here I have had no use of my own garden. The chairman of the housing committee has tried to intervene but they don't respond to his enquiries. My own councillors do not respond (safe seats) to any enquiries...

My question being- Is there any form of legal action I can take to get the council to act?

I welcome any advice....

Have you keep all correspondences regarding contacting the council and have they put it in writing that you should give up part of your garden to them. I would write to the housing ombudsperson and send them all your correspondence regarding and what they council said about give up part of your garden. Also write to your MP, also the CE of the council. See if this action brings you joy with these people at the town hall (useless cretins)

Yes, I have a copy of every piece of correspondence. I have actually CC'ed the CE of Birmingham City Council (our overlords) in on every communication. I will chase up with the MP (Andrew Mitchell)... Where wold I find out about the "Housing Ombudsman"? is it a national organisation?

Thanks for your advice!

Yes, I have a copy of every piece of correspondence. I have actually CC'ed the CE of Birmingham City Council (our overlords) in on every communication. I will chase up with the MP (Andrew Mitchell)... Where wold I find out about the "Housing Ombudsman"? is it a national organisation?

 

Thanks for your advice!

It will be on your council website

They cannot enter at will except for essential maintenance to the property or land. Washing a car or watering the garden is not essential maintenance to the property or land.

Do they have a court order? If not then you can withdraw any consent and deny access until they get one.

Remember - *Essential maintenance to the property or the land.

*Essential maintenance is deemed as -

(a) the maintenance, repair or renewal of any part of a building or other structure comprised in, or situate on, the dominant land;

(b) the clearance, repair or renewal of any drain, sewer, pipe or cable so comprised or situate;

© the treatment, cutting back, felling, removal or replacement of any hedge, tree, shrub or other growing thing which is so comprised and which is, or is in danger of becoming, damaged, diseased, dangerous, insecurely rooted or dead;

(d) the filling in, or clearance, of any ditch so comprised;

Any action regarding the neighbours would probably involve some form of confrontation (so to speak) with your neighbours. The reason is that you will be wanting to exclude them from your land (I know its not "yours" per se, but you own an estate in it).

Land/boundary disputes are not recommended - try and settle this informally, which may mean having to make some compromises.

There is a forum called GardenLaw (I think) which is good for stuff like this.