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The back wall of your house adjoins the garden of your neighbor which is fenced off Is there any law stating that the neighbor has to allow you access to maintain your property?
Wiki User
∙ 14y ago
Unfortunately you don't say where you are because laws vary widely as to miscellaneous property rights such as your question.
The first thing to do is ask your neighbor's permission just as a matter of courtesy. Many people assume everything has to have a legal underpinning. There are practicalities here if your neighbor doesn't want to look at a deteriorating wall. Be prepared to offer up your insurance to show your neighbor that if you or contractors go on their property and there's an injury, that the neighbor is protected.
You also don't say whether your house is actually on the property line but by the use of the word "adjoin" I will assume so. You might need to check the land maps and zoning for your neighborhood. It is possible when it was laid out there were no "setback lines" requiring your house to be so many feet from the property line (for the very reason you need), or your property was split off a larger tract. Either way, either the subdivision plats and/or the zoning laws of the time, or the chain of title in the deeds for your and your neighbor's property, may disclose that there was a right of easement (a specific right of ingress/egress, etc.) for the purposes you need. Even so you might need to show your neighbor that you have insurance....
Finally, there may be a law or ordinance that allows a landowner the right of reasonable access to a neighbor's property to maintain, but you will have to check the laws and ordinances of your locality. You can do a fair amount of this homework, but if you are still unable to find something specific and can not otherwise obtain your neighbor's consent, or your neighbor refuses, you may have the engage an attorney to research further for you.
Good luck!
Wiki User
∙ 14y ago
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