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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Is there an exception to the Neighbouring

Resolved Question:

Is there an exception to the Neighbouring Land Act in favour of a Developer .... Can a developer go to court to obtain access if the work he wants to do cannot be carried out without access I would appreciate your view on this ...thank you .. Michael XX

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Michael my name is ***** ***** I will help you with this.

Alex Watts :

Does the developer want to maintain or is this something new please?

Customer:

am concerned that my question r chives full and detailed consideration as I am aware the general principle is ... No access unless renovating refurbishing existing .. if extending or
altering the structure what is the position if a Court application is made ?? And are there cases to support decision no access possible without consent ???

Alex Watts :

Hello Michael

Alex Watts :

I need more information before I can help

Alex Watts :

Are you saying you want case law to support the fact a developer can access land for a new build rather than maintenance ?

Customer: Hello Alex ... This is the first time I have used this service ..
Customer: I am aware of the general principle under the Neighbouring Land Act ... Ie access only
Alex Watts :

Ok - yes

Alex Watts :

I am here now so we can chat

Customer: If to maintain existing structure ...
Alex Watts :

I just need to understand your question to help you

Alex Watts :

Yes that is right. To maintain an existing structure

Customer: Yes .. I want to know if there is any case law to support a developer being
Customer: Able to get access ?
Alex Watts :

Developer being.......?

Alex Watts :

For something NEW?

Alex Watts :

Or existing?

Alex Watts :

Its bad news. I have searched case law and thousands of cases online using legal rescources.

Alex Watts :

There is NO case law that says as a new developer you can have access

Alex Watts :

The law only says where there is an existing development and you need to maintain it can you get access

Alex Watts :

New developments - no

Alex Watts :

I am sorry that this is not 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?

Customer: We are not the developer ... We have a car park adjacent to a building which a developer has bought
Customer: on a very small site with planning consent to add extra storey at the front ..knock down a two storey building at the rear and build 7 storeys ...
Customer: The developer has asked to come onto our land to erect hoarding to protect our cars etc
Customer: when he demolishes .. He has offered to make a payment ...
Customer: If he has no right even if he makes an application to court then We will be in a much stronger
Customer: Position to negotiate ?
Customer: Hence my question. As to whether there are any cases /exemptions to the Neighbouring !and Act
Customer: where a Court can grant rights if an existing building is being altered added to rather than merely
Customer: ,maintained ??
Alex Watts :

If he has no right then he can NOT make an application to the Court.

Alex Watts :

The Court only allows for MAINTENANCE of an existing structure.

Alex Watts :

An extension is NOT maintenance

Alex Watts :

Therefore the Act does NOT apply and he can NOT apply to the Court.

Alex Watts :

So he has NO RIGHT to apply to the Court

Alex Watts :

Does that clarify the position for you?

Customer: And you are saying there is no case law ?
Alex Watts :

There is no case law FOR the developer

Alex Watts :

So that means there is NOTHING in law that supports HIM

Alex Watts :

Does that help?

Customer: Yes ... Thank you for this
Customer: Many thanks again and sorry to be so painful but I find it difficult to believe the planners will grant permission
Customer: when it is so difficult to carry out the work !!
Alex Watts :

Yes of course. Well planning is a different issue all together

Alex Watts :

Can I clarify anything else for you about this?

Customer: Okay ..thank you again
Customer: Michael
Alex Watts :

Thanks Michael. If I could invite you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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