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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a landlord of a single property; it's not my main job. The

Resolved Question:

Hi I am a landlord of a single property; it's not my main job.
The property has a shared chimney which is dangerously in need of attention. I have concerns about the winds now that the autumn is setting in. My neighbour, also a landlord has said I must not put any equipment on his side of the roof. This prevents the necessary work from being done and jeopardises both his and my tenant. He has made it clear he will not be paying for any work needed, claiming 'his side' of the chimney is in good repair. A roofer has explained to me that my neighbour fails to understand the pots in the chimney run alternately and it is not simply a matter of keeping the outside of the stack pointed.
In any case the work must be done. Could you advise me on the best course of action?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
The neighbour can't stop you. You should get a Solicitor to right and ask for access under the access to neighbouring land act 1992.
If he refuses then you can go to Court and seek a Court order requiring access. You would need to complete form N1:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
And N16a
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The Court will list the matter for hearing and decide whether to make an Order. If the Court makes the Order and the neighbour refuses this is contempt of Court and they could be warned, fined or sent to prison.
Can I clarify anything for you about this today please
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
Alex I was happy with your response, it was helpful thank you

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