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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70646
Experience:  Over 5 years in practice
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My office is a semi building single story and the back wall

Customer Question

My office is a semi building single story and the back wall backs onto a neighbours garden
I hae no outside space belonging to the office. There is a right of way to one side.
From this angle my builder can see that the damp that is seeping through my back wall
is probably due to the guttering etc possible a small amount of cement on hip. I have
written to my neighbour twice last time offering him £50 for inconvenience and have assured
him it is not major works. Still no reply. My back wall is now damaged with water and
will have to be replastered etc etc. What can I do. I don't understand their mentality.

Regards XXXXX XXXXX
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.

Is this your guttering and pointing causing the problem or is it yours but you need access?
Customer: replied 3 years ago.

Sorry did not explain well!!. It is my guttering, facia and possible concrete


on hip. Builders think half day work with one poss two ladders so


nothing major. The damage now down to the inside is major as the


rain keeps coming.

Expert:  Jo C. replied 3 years ago.
Thanks.

You need to write to the neighbour, or better still get a solicitor to write to him, telling him that you require access under the Access to Neighbouring Land Act within the next 14 days. Make clear that in default you will have no option but to apply to court for an injunction to make them give you access and you were last the court to make an adverse costs order against them.

You have the right under the Act to go onto the neighbour's land to do any work required to preserve your property. If they will not allow it, the court will order it and make them pay your costs

Can I clarify anything for you?

Jo