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 Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
11292137
Type Your Law Question Here...
Stuart J is online now

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.
Hi.

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?



If you have not done already, please don't forget to positively
rate my answer service even if it was not what you wanted to hear. You should
now see a series of buttons which enable you to rate my answer service
formally.

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating.

It doesn't give me, "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask.

The thread does remain open for me to answer follow-up questions after rating
my answer service.

Rating doesn't close the enquiry at all even though the site may give that
impression. It remains open for you to read and ask for further clarification.

Regards.



PS Experts on here are online and off-line all day each day and weekends
so please bear with me if I do not get back to you immediately.

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