Hello my name is ***** ***** I will help you with this.
For now please let me know whether it is just maintenance you are carrying out?
This is the building company agreeing to put something right - but our neighbour not allowing access to complete the remedial work
Ok - you have a right to access land even if you dont own it at all under the Access to Neighbouring Land Act 1992
You need to get a Solicitor to write and ask for access or say you will go to Court.
If they refuse then you can issue proceedings at the county Court
You need to complete form N1
The court will send the neighbour a copy and list the matter for hearing
The Court will decide whether to grant the order.
If the court does and the neighbour refuses they will be in contempt of Court and could be warned, fined or sent to prison
Can I clarify anything for you about this today please?
Thankyou - in the covenant that all parties agreed to upon purchase - reasonable access was a prerequisite. I appreciate that I would need to engage a solicitor, but in the mean time the property is extremely vulnerable and open to the elements and vermin - is this the fastest way that access can be obtained?
Yes, a letter may do the trick in the first instance.
In any event you should get a Court order fairly quickly.
Does that help?
Not really - I was hoping that there would be some sort of emergency order that could be granted to get things moving a lot faster - like in 48 hours - at the moment, because of our position next to a nature reserve, everything will want to come into a warm environment - unfortunately the neighbour in question feels that he has been hard done by and so is refusing to allow work on our property to complete - thanks anyway
You can get a Court order same day
So you could get one tomorrow.
But you are expected to have notified the neighbour.
If you do not, then you may not get your costs.
So yes, you could get a Court order tomorrow, but do not expect to recover all your costs.
If you want to do it tomorrow you need to complete forms N1
But you WILL need a Solicitor for an emergency Court order
But you are going to need to show serious risk of harm.
Ok - that's fine - so I complete the N1 and take it from there?
Excellent - I think if I can reiterate this to the building company they may act. Thankyou!
Ok. Can I clarify anything else for you?
No - all good I think!
Ok - if I could ask you to rate my answer before you go today - the button should be at the bottom of the screen
If you need more help please click reply.