A homeowner has been threatened with legal action by a neighbour who demanded access to paint his side of the garden fence, despite being refused twice due to family events.
The first incident occurred during a heatwave when the neighbour asked at 3:30pm to paint the fence while the family was preparing for a barbecue starting at 5pm. The homeowner agreed but requested a delay, which the neighbour rejected, claiming it was his only day off. The second refusal happened on a Friday when grandchildren were visiting and a bouncy castle was set up for a birthday celebration.
The neighbour then sent a WhatsApp message citing the Access to Neighbouring Land Act 1992, stating he could apply for a court order if access was denied. He demanded access "when I want to next time" and warned of legal action.
Legal experts note that the Act typically requires works to be "reasonably necessary" for property preservation, and courts generally expect reasonable notice. Painting a fence may not qualify as necessary, and a court would likely view demands for unrestricted access unfavourably.
Homeowners are advised that neighbours have no automatic right to access land for fence painting unless they own the fence or have written permission. Trespassing can occur if entry is made without consent.
