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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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we are home owners. The property next door to us is being demolished

Resolved Question:

we are home owners. The property next door to us is being demolished and new larger accommodation being built. Are we able to claim compensation? beacuse during the project we will not be able to use our garden, the dust and debri will be blown onto our property plus the new build invades our privacy. Just want to know where we stand.
Debbie Hey
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is XXXXX XXXXX 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Are you allowing access to your garden please?

Wellthe buildingcompany have said they may need to erect scaffolding on our property.

Alex Watts : And you allowed this? I assume they also had planning permission?

No they haven'y stated the project yet simply erected a large boarded fence around the front of the property which already affects us as we now have a limited view when pulling out of our drive way. THeywere granted planning permission from HM inspectorate not local authority.

Alex Watts : thank you, XXXXX XXXXX news I am afraid Debbie.
Alex Watts : If you have allowed access to your garden then you can not claim compensation for this.
Alex Watts : If permission has been granted ie by HM Inspectorate then you are not entitled to compensation.

No we haven't allowed them acces to our property at all.

Alex Watts : This is because they gave been through the proper channels in order to obtain this,
Alex Watts : You said that they are or will be using your garden?

Yes they said that during the demolition they want to erect scaffolding on our property, but it hasn't happened yet and we have not agreed it.

Alex Watts : You can ask for payment to allow access. You can refuse to allow access. There is a law called the access to neighbouring land act which compels an owner to give access, but this is for maintenance only.
Alex Watts : Therefore if they are building something new you can refuse access upon payment,
Alex Watts : But you can't sue for loss of privacy.
Alex Watts : I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please ?

But what about the cleaning up of dust and debri caused by the project?

Alex Watts : They would have to do that.
Alex Watts : But they should not produce any or very limited amounts.
Alex Watts : Can I clarify anything else?

so where do we stand if we refuse access and they damage our proprty

Alex Watts : If they damage it then you can sue for that.
Alex Watts : But you can't sue for a theoretical loss
Alex Watts : Does that help?

So do you think it's best to try and talk to the building company and come to some sort of mutual arrangement?

Alex Watts : Yes I would suggest that. You have the upper hand.
Alex Watts : Can I clarify anything else?

How do we have the upper hand?

Alex Watts : Because the need access to your land.

But if we refuse, are we liable if they damage anything if it could have been prevented by lettin gthem have access?

Alex Watts : That is a matter of contributory fault, but they would still be liable.

Really so we could use this in our favour if they are being un reasonable?

Alex Watts : Yes which is why you have the upper hand.

What if they refuse to clean our property?

Alex Watts : You can sue for the cost of doing it.

Ok then Im going to arrange a meeting with the company director to dicuss these concerns thank you

Alex Watts : ok.
Alex Watts : Please remember to leave feedback before you go today.
Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
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