How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Buachaill Your Own Question

Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10405
Experience:  Barrister 17 years experience
53108719
Type Your Law Question Here...
Buachaill is online now

I am building an extension and neighbour refuses access .

Resolved Question:

I am building an extension and neighbour refuses access for scaffolding. What rights do I have?
Submitted: 10 months ago.
Category: Law
Expert:  Buachaill replied 10 months ago.

1. Dear Ed, you should seek access under the Access to Neighbouring Land Act, 1993, which permits access to neighbouring land in order to carry out works to your land. If your neighbour refuses, as here, you can apply to court to gain access. Essentially, you have to undertake to return the neighbour's land to its pre-access situation and to remedy any damage which your works might cause your neighbour.

Customer: replied 10 months ago.
Thanks - Is this for maintenance work only though? This work is for a new extension, covered by planning permission.
Expert:  Buachaill replied 10 months ago.

2. The key idea is that access will be granted on the basis that your uphold your neighbour's rights to have his land returned to its original state. Be aware that in certain instances, the court will require you to take out insurance to cover any damage you might cause your neighbour's land. However, this is the exception. NOrmally, once you under take to return the land to its original state this is Ok.

Expert:  Buachaill replied 10 months ago.

3. Be aware that the Act has been amended three times to include not just maintenance but also works of any nature to be carried out.

Expert:  Buachaill replied 10 months ago.

4. So, you can gain access in order to carry out these works. It does not matter that you are doing an extension. The Act is wide enough to cover your extension.

Expert:  Buachaill replied 10 months ago.

5. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Customer: replied 10 months ago.
What would the next steps be for us to gain access? How long would the process take and what notice would we need to give?
Expert:  Buachaill replied 10 months ago.

6. You essentially need to serve what is known as an Access Request upon your neighbour and allow a period of 14 days for him or her to reply. Then you need to apply to court to seek an Access Order which essentially sets out the terms upon which you can gain access to the land. Be aware that the Act covers the "renewal" of any land or building. This is sufficiently wide to cover an extension, such as yours.

Expert:  Buachaill replied 10 months ago.

7. Be aware that you should get a solicitor to help you, if possible, with the Access Request. Essentially, you should seek from the outset, to tee it up for the actual litigation and the making of the Access Order.

Customer: replied 10 months ago.
Thanks that's very helpful. The neighbour is also saying that they won't allow any scaffolding on their flat roof garage until a structural report has been done on their garage. Is this reasonable?
Expert:  Buachaill replied 10 months ago.

8. This is reasonable if there are structural issues with their garage and if the scaffolding will have a weight-bearing role to play in the development of the extension. Be aware that if there is jockeying, such as this, in the application, you always have to appear reasonable and make your neighbour appear unreasonable. So, you always need to be seen to be reasonable.

Customer: replied 10 months ago.
in that sense give them a reasonable amount of time to complete?
Expert:  Buachaill replied 10 months ago.

9. Yes.

Customer: replied 10 months ago.
OK. They are also stating the extension has the ability to affect their home insurance. I believe this is just delaying tactics, is there anything I need to be aware of on that front?
Expert:  Buachaill replied 10 months ago.

10. I am no expert in home insurance. I would suggest you speak with an insurance broker here. If there is an issue you will have to deal with it.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10405
Experience: Barrister 17 years experience
Buachaill and 3 other Law Specialists are ready to help you
Customer: replied 10 months ago.
OK thanks very much for your help. Much appreciated. Ed

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions