May I deny a permission to my property?

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May I deny a permission to my property?

My neighbor is going to build a second story on his garage for another family to move in. His garage is next to my backyard. His contractor may need to have a permission into my property to finish his construction. May I deny anyone to go into my property? Is he able to ask the court to gain a permission into my property? I have a garden on my backyard and I do not want someone come to my property.

Asked on September 25, 2018 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you have an absolute right to deny another person, even a neighbor or a neigbor's contractor, permission to enter you property: it is your property, and you control it--no one has a right to enter against your will. They can't get a court order requiring access. Before doing this, though, bear in mind that one day *you* may need to access his property, and you will be living next to this person for years to come--do you really want to start this fight? A better idea is to let the contractor access pursuant to a written agreement between you and your neighbor that they will only do so on notice to you, can only go into defined places, and that your neighbor is responsible for the cost of all clean up, repair, replanting, etc. which to be done becasue of the contrator's presence on your land, if such costs are not paid by the contractor...and also make the contractor show proof of licensing and insurnce. That way, you are accommodating your neighbor, but also protect your own legal rights.


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