How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

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

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice