How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I am currently in the process of having (or trying to have)

Customer Question

I am currently in the process of having (or trying to have) a chimney re-lined. There is a minor blockage which has been identified and we therefore need access to another property where a 1sq ft will hied to be made. I have asked the owner of the property if they will allow this, reinstating the wall etc to it's previous condition, however he has said that he is not prepared to allow this. Do i have any legal rights in relation to getting access?

Kind Regards
Gillian
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

AlexWatts2013 :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

AlexWatts2013 :

Have they said why they will not allow access please?

AlexWatts2013 :

I see you are offline so I will answer the question anyway and assume they have just refused without giving a reason.

AlexWatts2013 :

Under the Access to Neighbouring Land Act 1992 you have a right to gain access to a neighbours land in order to carry out maintenance work on property. You have already asked and this has been refused. Therefore to make sure that the neighbour understands their actions you should ask again in writing formally for permission and say that if they refuse you will make an application to Court to seek an order giving you permission.

AlexWatts2013 :

If they still refuse then you can apply to the Court under the above Act

AlexWatts2013 :

(1)A person—

(a)who, for the purpose of carrying out works to any land (the “dominant land”), desires to enter upon any adjoining or adjacent land (the “servient land”), and

(b)who needs, but does not have, the consent of some other person to that entry,

may make an application to the court for an order under this section (“an access order”) against that other person.

(2)On an application under this section, the court shall make an access order if, and only if, it is satisfied—

(a)that the works are reasonably necessary for the preservation of the whole or any part of the dominant land; and

(b)that they cannot be carried out, or would be substantially more difficult to carry out, without entry upon the servient land;

but this subsection is subject to subsection (3) below.

(3)The court shall not make an access order in any case where it is satisfied that, were it to make such an order—

(a)the respondent or any other person would suffer interference with, or disturbance of, his use or enjoyment of the servient land, or

(b)the respondent, or any other person (whether of full age or capacity or not) in occupation of the whole or any part of the servient land, would suffer hardship,

AlexWatts2013 :

The Court should therefore grant access to allow you or your contractor to do the work. If the neighbour refuses then this could be considered contempt of Court. But I doubt it would get that far. The threat of a Court application may sway your neighbour into giving access and if not when he attends Court and has to explain to a Judge why he refuses to give access I am sure that would change his mind.

AlexWatts2013 :

Can I clarify anything for you about this?

JACUSTOMER-tp30evkc- :

thank you.

AlexWatts2013 :

If this answers your question, please take a moment before you leave and rate my service, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex

JACUSTOMER-tp30evkc- :

So, to clarify, i have asked him for access, explaining that a 1sq foot hole will need to be made (New Town Conservation area) to reach the blockage in the chimney, i have said that i will reinstate the wall \room to it's previous condition, the chimney specialists have advised that they have done this many times, which will involve rebricking the wall\replastering and I will arrange for a decorator to repaint\paper the wall. I live in a garden flat and want to reinstate the fire\chimney to it's former glory, he lives on the top floor. I know it is a big ask, however I also think that he is not entering the spirit of living in a flat with existing neighbours

AlexWatts2013 :

Yes. You can still ask the Court for an order as long as you make good any damage.

JACUSTOMER-tp30evkc- :

Am i servient or dominant? I own the chimney, have access to the main stair of the property?

AlexWatts2013 :

Dont worry about the technicalities. You can have access outside the property.

Expert:  Ash replied 3 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions