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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9318
Experience:  I have been practising for 30 years.
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We live in a first floor maisonette our neighbour who lives

Resolved Question:

We live in a first floor maisonette our neighbour who lives downstairs is refusing to allow us to complete repairs or even have the windows cleaned. To undertake this work a ladder needs to be placed in his garden.
There no flower beds or any thing else that would be damaged.
Both maisonettes are leasehold and are owner occupied. I have contacted the owner of the land and they have refused any support.
What else can we do our neighbour is an aggressive man who cannot be reasoned with.
Submitted: 11 months ago.
Category: Law
Expert:  F E Smith replied 11 months ago.

Have you take this issue up with the freeholder?

Is the owner of the downstairs maisonette the owner also of the garden?

Is there a particular reason why he is not allowing this or is he just being awkward?

Customer: replied 11 months ago.
Freeholder has refused to be involved. He is an unpleasant individual who is just being difficult.
Expert:  F E Smith replied 11 months ago.

Under the Access to Neighbouring Land Act the neighbour is required to give you access to his property for any work required to preserve (maintain) your property. That would include painting, check repairing windows, window cleaning, and all usual maintenance matters.

If the owner of the downstairs property steadfastly refuses, I suggest that you get a solicitor to write to him reminding him of his statutory duty and telling him that unless he allows this access, you will apply to court for an injunction to make him give you access and if you have to make the application for the injunction, you will asked the court to award the legal costs against him. If he ignores the solicitor’s letter, you will have no alternative but to make the court application for the injunction.

If he still refuses access, he is in contempt of court and liable to be arrested.

If you think that he is likely to simply ignore any court order, you can ask the court to attach a Penal Notice which is a warning that if he refuses to comply with the order, he will be arrested and jailed and held in contempt.

You would be liable for any damage caused although I am sure that there will be none.

Can I clarify anything for you?

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Best wishes.

FES.

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