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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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i have damp coming into my house i have asked my neighbor for

Customer Question

i have damp coming into my house i have asked my neighbor for access on his property so i can investigate the problem he has refused access what are my options
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name isXXXXX and I'm happy to help with your question today.

Do you have grounds to believe the neighbour might be at fault?
Customer: replied 3 years ago.

i am not trying to blame anyone for this problem i just need access to investigate the problem

Expert:  Alice H replied 3 years ago.
Understood.

Your neighbour has a right to refuse access.

But if you have grounds to believe he might be at fault somehow you may have a claim for compensation on the grounds of nuisance.

I imagine you do not wish to get involved in a legal dispute about this so I suggest a letter explaining your reasons for access informing him that you wish to investigate the damp which is causing problems.

You can ask him for 7 days to comply. If he refuses to do so, your only option is legal proceedings but such a drastic step should only be taken if you can prove he is at fault.

It would also be a good idea to investigate and exclude any other possibilities.

Alex

Alice H and other Law Specialists are ready to help you
Customer: replied 3 years ago.

approx how much would legal procedings cost

Expert:  Alice H replied 3 years ago.
You will need to see a solicitor and a letter of claim will have to be submitted. This will involve a couple of hours work - probably around £200 - £300 plus VAT. If you start a claim and the solicitor drafts the papers then you'll be looking at an additional £500 - £700 plus VAT. So a minimum budget of £1,000 plus VAT I think. If you need to get a report from a surveyor then this could easily increase to £2,000 plus VAT. If he contests the matter you could be looking of upwards of £3,000 plus VAT. This is all on the basis that its a simple claim - if the issue is more complicated or involves additional work then the fees will obviously increase.
Customer: replied 3 years ago.

what would be the conseqence if i ignored his refusal to access

Expert:  Alice H replied 3 years ago.
Under criminal law its not an offence to enter somebody's land but it could become a crime if damage is caused or anything is removed. Entering his house without his permission is potentially burglary. Under civil law he could sue for trespass but would have to demonstrate some loss.