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Buachaill
Buachaill, Barrister
Category: Law
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Experience:  Barrister 17 years experience
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I am negotiating with my neighbour re my ownership of a loft

Resolved Question:

I am negotiating with my neighbour re my ownership of a loft 'flying' over his property. the Land Registry has recommended we go to a tribunal if we cannot agree. (I am representing myself whereas he is using a lawyer) He wants to cut an entry into the loft (he has no access and I have the only one) in order to maintain his ceiling. Will it be trespass or forced entry if he does so ? Can I get an injunction to stop him ?
Submitted: 11 months ago.
Category: Law
Expert:  chatham-chamber replied 11 months ago.

Hi,

Without knowing all of the details, one neighbour can take another to court if A does not allow B access your carry out maintenance and repair works under the access to neighbouring land act.

If the access is granted upholstery could possibly have to pay the other side' legal costs.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

kind regards

Customer: replied 11 months ago.
I'm sorry but your answer does not warrant a rating other than very poor. Of course you would need more detail. But you had enough, and I also asked specific questions, that would have led any competent lawyer to make some sort of recommendation
and to ask specific questions about detail. I am considering whether to ask just answer to pass my query on to someone else, or whether to cease using just answer entirely
Expert:  Buachaill replied 10 months ago.

1. At the outset, as you are in possession of the loft and have been for some time, you will get an injunction to protect your possession of the loft. Your neighbour's argument that he needs access to the loft to carry out works to his ceiling is transparently a makeweight argument to justify his usurping of your possession of the loft. Accordingly, he won't be able to successfully resist you getting an injunction on the basis you reserve the right to possession to yourself.

Expert:  Buachaill replied 10 months ago.

2. The Access to Neighbour Land Act, 1992, which the other Expert mentioned, allows access to neighbouring land to carry out works of maintenance. However, before you would ever have to grant access under this Act, your neighbour would have to provide you with a Schedule of works he is carrying out and explain why he needs access to your loft to maintain his ceiling, which is merely the underside of the surface adjacent to your loft. Most judges will see this attempt to gain access as merely another ploy to bring an end to your "exclusive possession" which is an essential element of you obtaining adverse possession. So, the important point is that you need to keep him out if you want to maintain your claim to adverse possession. Once he breaks your exclusive possession, which he is seeking to do, he brings an end to your claim for adverse possession. So for that reason you need to keep him out at all costs.

Expert:  Buachaill replied 10 months ago.

3. The key idea here, is that you maintain "exclusive possession" as once you lose exclusive possession, your claim to adverse possession is gone. So, allow no works, even if he serves a Schedule of Works. Go to court and resist it. Be aware that a court order permitting access under that Act will not break the "exclusive possession" you have. So keep him out. In the meantime, get the loft registered in the Land Registry as yours.

Expert:  Buachaill replied 10 months ago.

4. You need to recognise this move from your neighbour is a "stunt" to blindside you, so you lose the loft. So, keep going with the claim in the Land Registry and get it registered.

Expert:  Buachaill replied 10 months ago.

5. Be aware additionally that if your neighbour breaks in and enters into your loft that this will not help him prevent your claim for adverse possession as you can immediately put him out as he is trespassing. So get an injunction to prevent him if necessary.

Expert:  Buachaill replied 10 months ago.

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

Buachaill, Barrister
Category: Law
Satisfied Customers: 10457
Experience: Barrister 17 years experience
Buachaill and 2 other Law Specialists are ready to help you
Customer: replied 10 months ago.
Thank you
I have only just noticed this much more satisfactory follow up to the first 'expert' whose reply I found unsatisfactoryPlease refer me to the page where I can rate ! (This web site slightly clunky !)I would like the opportunity for a follow-up phone call.

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