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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I was granted planning permission for a timber framed extension

Resolved Question:

Hi, I was granted planning permission for a timber framed extension last year, we agreed with the neighbours that we could have access to put scaffolding in there garden so we could render the side that's adjoined. In return we have put up a new fence which is there boundary costing £1500 and paid for the joint water main to be replaced as it was lead and leaking costing £900, we have also offered to give them the double glazzed pvc windows we are removing ( if they stay in tact ) free of charge. I went round yesterday to arrange a date for the scaffolders to come round only to be told they were not going to allow us access now. The building as it stands now is not weather proof and constitutes a fire hazard until the rendering is done. I don't know what to do, do I have any legal rights as a verbal contract was agreed and I feel I have fulfilled my side of it ?

Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

Hi, I really would like an answer as soon as possible, I would like to leave my question open until the 20/06/14, if no answer is forthcoming I


would like to close it for a full refund.


 


Regards,


 


Darren Leonard

Expert:  Nicola-mod replied 3 years ago.
Hello Darren,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Ash replied 3 years ago.
Hello my name is ***** ***** 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.

I have been asked to look at this.

Is it maintenance you are doing to an existing structure please? I assume it is?

Customer: replied 3 years ago.

No its a new extension we have build, we had a verbal agreement before we started building.

Expert:  Ash replied 3 years ago.
Its bad news I am afraid. If it was an existing structure you could seek a Court Order under the Access to Neighbouring Land Act.

As it is not the situation is somewhat different. I assume that he was getting nothing in return for the agreement, ie paid or anything. This means that there is no contract.

If you had said I will give you x in return for you to allow me to use the land then you would be able to claim for breach of contract.

But sadly this is not the case.

You could try and seek an injunction from the Court to allow access, but you dont have the statutory protection of the above Act.

Therefore it would be down to a Judge to decide. The neighbour may deny ever giving you permission, in which case you may be in difficulty. If the neighbour says he simply changed his mind, that is another matter and you might succeed on that point.

Can I clarify anything for you about this today please?

Alex

Customer: replied 3 years ago.

Hi, we did pay for a new fence and for a new joint water main, also have offered the pvc windows we are removing in exchange for his co operation.

Expert:  Ash replied 3 years ago.
If this is confirmed you could sue for breach of contract if he agreed this in exhange,

Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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