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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25440
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We require access to our listed property maintenance

Resolved Question:

We require access to our listed property for essential maintenance work. A request has been refused by our neighbour. How do we overcome this situation?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I clarify that you need access to your property or access to your neighbours property to carry out maintenance on your property please?What kind of access do you require in practice?
Customer: replied 2 years ago.

Access to our property from our neighbours side of the boundary to execute external preservation painting. The operation could be unsafe if attempted form our side

Expert:  Joshua replied 2 years ago.
Thank you. Does the work involved involve work to a party wall? A party wall would be any wall that divides your property from theirs or a wall of your property that is built along the boundary line (as opposed to within your boundary line leaving a gap between the wall and your boundary)?
Customer: replied 2 years ago.

No. Just access for painting

Expert:  Joshua replied 2 years ago.
Thank you. The reason I asked about whether a wall was a party wall is that there is provision under the Party Wall Act for access for works undertaken to a party wall but this from what you say does not apply here. Therefore thre are two approaches you can take:The first is what is known as "self help" which is a pragmatic one of simply waiting for an opportune time and accessing the land (if access is possible) to carry out the work (for example whilst he is out). This is trespass but he can only take action under trespass if you cause damage to his land. Providing you don't then there is no legal compensation he can claim. Trespass is not contrary to popular belief generally a criminal offence except in some very limited circumstances principally involving intent to damage or do harm which would not apply here. The other safer option, though much more laborious is to seek an order under the Access to Neighbouring Lands Act; under this Act you can make an application in the County Court for access for the purposes of maintenance and inspection if you have made a request to your neighbour and have been refused and he cannot be persuaded otherwise - e.g. by pointing out that if he may need access to your land one day or by pointing out that you can make an application under the above Act if necessary. This application can be if necessary can be made by using form N244 to applyhttp://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf There is a fee of £155 initially to make the application. It is important to note the application can only be made for the purposes of carrying out maintenance and inspection as opposed to development of new structures and you cold be asked to pay for some of the other party's costs if he opposes the application and the judge finds that this is appropriate. Once granted the order will give you a right of access which can be enforced through the courts if necessary and will be limited to the activities you apply for and will be made subject to your making good any damage caused. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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