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Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22577
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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my house in end terrace,my gable end wall needs some maintanance

Customer Question

my house in end terrace,my gable end wall needs some maintanance but it is in my neighbours garden with a larger than life 30ft laurel bush growing in front of the gable end wall.Firstly they wont allow access to attend the repairs and they wont allow us to trim the laurel bush so we can erect the scaffolding that is needed.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

How can I help with this?
Customer: replied 3 years ago.

Is there a legal way in which my neighbours have to allow me to gain accrss to my gable end wall

Expert:  Stuart J replied 3 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name is Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

I have been asked to look at this by my colleague. Does the wall pose a risk of damage to your property should it not be fixed?
Customer: replied 3 years ago.

Yes ,over a period of time the gable end that is already bowing outwards will eventually clapse takeing the roof with it,which we,ve already explained to my neighbours.


Expert:  Stuart J replied 3 years ago.

I have good news.

Under the Access to Neighbouring Land Act they have no option but
to allow this access for any work required to "preserve" (maintain) your
property. If they will not allow the access, then get a solicitor to write
giving them 14 days to grant consent failing which you will apply to court for
an injunction and you will ask the court to award costs against them, the
injunction to compel them to give you access for a reasonable period of time. I
wouldn't be hanging around, on the 15th day, apply for the
injunction and costs.

You will have to put back/repair any damage which is caused by the
scaffolding or the repairs, but that, I am sure you agree, is not unreasonable.

If you think that the laurel bush is causing a problem with the roots,
then you can get a specialist report from a tree expert and ask for an
injunction to get them to remove the Bush.

If the neighbour will not agree even so, it is going to hit them
heavily in the pocket because they are going to have to agree because the court
will make them.

Hopefully, the neighbour will take legal advice and it will avoid
the need to go to court because if the neighbour were asking the question I
would say that the neighbour has no option but to allow you access.

You would have to prove that the is no way of scaffolding around
the bush before you could have it trimmed. If it had to be removed because the
job was impossible without, and provided it was not damaging the foundations of
the house, you would have to replace it afterwards

Does that answer the question? Can I assist further?

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