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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have shared access to the rear of our property with two

Resolved Question:

We have shared access to the rear of our property with two neighbours. We require repairs to be made to our property which has required the shrouding of electricity cables ( which are attached to the rear of our house) before the work can take place. Our immediate neighbour has been fine with this. The other neighbour physically refused to allow the electricity board into our shared access area as he hasn't spoken to us since he received a warning from the council over our complaints about excessive dog noise. He admitted that is why he wouldn't allow the electricity board through the gate. He says we need his permission to bring in a vehicle but this is a shared access area and the repairs are essential to the integrity of our property. We have had to put the job on hold until the new year until we can sort this out. On our deeds we have full access and own half of the yard involved. Any suggestions please? ( We wanted to go to mediation re dog issue but they refused).
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

Notwithstanding the right, I assume the electricity board just want access to maintain please?

Customer: The electricity board have been called to shroud the electricity cables before the scaffolding can be erected.
Alex Watts :

And the scaffold is needed to conduct maintenance?

Customer: Yes. We need the plaster work on the gable end of the house replaced as it has eroded and the wall in side is damp. The company who we have engaged to complete the work require scaffolding to reach the area. The scaffolding will not be over the neighbours property who is refusing access.
Alex Watts :

Ok, then you need to get a Solicitor to write and ask for access otherwise say you will get a Court Order.

Alex Watts :

You have a right to access land of a neighbour used to maintain your property (in this case the access for electricity) under the Access to Neighbouring Land Act 1992

Alex Watts :

The court will consider the matter and decide whether to make an order allowing acess.

Alex Watts :

It is likely the court will

Alex Watts :

If the neighbour still refuses he will be in contempt of Court and could be warned, fined or sent to prison

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Yes can I ask does the right to access of neighbouring land include vehicular access( as obviously a vehicle is required by the electricity board in order to complete the work)?
Alex Watts :

If it is for purposes of maintenance then yes

Alex Watts :

You can even erect scaffolding for example

Customer: Thank you. That has been very helpful. Merry Christmas Alex!
Alex Watts :

Merry Christmas to you too

Alex Watts :

Can I clarify anything for you about this today please?

Customer: No I think you have made it clear. This all happened last night and the neighbour involved said he " may" let them in next time but I remain sceptical. From your reply Im thinking it may be best to get a solicitors letter to ensure we can avoid any further delays?
Alex Watts :

I would yes. That is quick and cheap

Customer: Okay. You have clarified everything for me. Thanks again.
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