ᐅ Access to the garden only through the house or townhouse

Hello everyone,

I have a question, which is purely hypothetical at the moment. We live in a mid-terrace house, and unfortunately, the garden can only be accessed through the house via the basement. There are adjoining houses on both sides, and the garden borders another property. Now, my question is: If we wanted to redesign the garden, for example by supporting the approximately 2 m (6.5 ft) high slope at the front of the garden with stones, how would the stones be brought into the garden? Currently, there are two rows of planter blocks, and the slope is covered with ivy. How would the stones get into the garden, or if a small excavator were needed, for example, would it have to be lifted in by crane over the roof? This might be a bit naive. Theoretically, it could also be done over the neighbor’s property, but I think that would require a very cooperative neighbor. Thanks for your answers. At the moment, it’s not an issue, but maybe in a few years it will be. The same issue applies to a possible roof renovation where scaffolding might be needed. Well, that might still be possible through the house.

Ideally, you come to an agreement with the neighbor and pass through their garden without causing significant damage to the grounds (which you would of course compensate for). Alternatively, you can rent a mini excavator crane; I've seen that done before. Of course, that is considerably more expensive. Or, you plan everything so that materials can be carried through the house or, ideally, transported with a wheelbarrow. For example, that would mean using concrete block walls instead of L-shaped retaining blocks.

I assume that in case of doubt, this would fall under the rights of hammering and ladder access. It would probably depend on proportionality... Yes, but it’s better to agree on this beforehand.

It’s interesting how extensively the hammer-and-ladder easement is interpreted here:
1. It must strictly involve necessary work; cosmetic or beautification work does not qualify.
2. Simply saving costs is not a sufficient reason to invoke the hammer-and-ladder easement. If repairs can be carried out by other means, those options must be used, no matter how inconvenient or expensive they are.

Of course, you can kindly ask the neighbor and maybe offer another courtesy in return. But if they say “no,” then that’s final. You should keep this in mind from the start.

So yes, in case of doubt, the landscaper will have to carry materials through the house. I recently received a quote from a tiler for another house, and in such a typical terraced (row) house, they generally set up full protection along the entire path for the whole duration of the work. That’s how terraced houses are.

And if the neighbor refuses, it might simply be because they don’t want to set a precedent with the idea, "if I allow this one neighbor, then suddenly everyone will want to renovate their garden, and every week there will be an excavator driving through my garden, and if I later want the damage to the common areas repaired, then I’m the bad guy."

So yes, you can ask — but don’t be upset if the neighbor says no.

What do you mean by "at the back"? Do you mean the end of the property? Usually, properties like this have a small path or walkway at the back.