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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The fuel feeder pipes biomass boiler, installed in 2014,

Customer Question

The fuel feeder pipes for my biomass boiler, installed in 2014, protrude from the side wall of my garage over my neighbour's land (an area of tarmac). The side wall of my garage marks the boundary between our properties at this point.
Do I have a right of access (or in fact, does my fuel delivery operator as my representative) in order to couple up the delivery hoses to the pipes to deliver the fuel,under the Neighbouring Land Act 1992? The boiler delivers both central heating and hot water to my home, essential for its maintenance etc.
Or should we ask my neighbour for a licence to access the pipes (only twice a year, generally)? If so, what would the terms of the licence be? Length of time of the licence, renewal of the term, notice to terminate, and what would happen if either he or I sell our homes - could the licence be included in a sale and transferred to a new owner?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Is your neighbour refusing or do you just want to regularise the position?Alex
Customer: replied 1 year ago.
My neighbour wants to regularise the position. We are in the process of drawing up an Agreement about mutual rights of access over our shared drive between our two very old houses, and this matter has arisen as an add-on. The area we are talking about, adjoining the side wall of my garage, falls within his sole proprietorship.The fuel delivery vehicle will need to park on the jointly-owned part of the drive, and then the delivery hoses will need to be carried just a matter of 3 or 4 metres over his area to be connected up.
Expert:  Ash replied 1 year ago.
1. You need a licence. The Access to Neighbouring Land Act 1992 only applies to maintenance of a property. It does not apply to your situation because you are re-filling etc rather than maintaining.So you should get and agree a licence to regularise the position. All you want is access and a right of access, nothing more.But if you have had 20 years use then you have a prescriptive right of way in any event.Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
Thank you. We have only had the bio sysem installed since 2014 so the 20 year rule would not apply.
My neighbour wants to include the right to terminate the licence by giving 2 months notice. Would it be reasonable to ask for a longer term of notice - 6 months , for example - to allow us sufficient time to make alternative delivery arrangements?
Expert:  Ash replied 1 year ago.
Yes I think 6 months is reasonable, but thats a matter for negotiation.Does that clarify?
Customer: replied 1 year ago.
Thank you. ***** now have enough information to negotiate with my neighbour.Topic finished - I will rate you now.
Expert:  Ash replied 1 year ago.
If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
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Customer: replied 1 year ago.
This is the first time I have used JustAnswer - I am very impressed with the speed with which my query was answered (late night and weekend responses) and will certainly use again if the need arises. Thank you for your advice.
Expert:  Ash replied 1 year ago.
Thanks for the feedback.