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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70304
Experience:  Over 5 years in practice.
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I live in a terraced house and the rear garden is separated

Customer Question

I live in a terraced house and the rear garden is separated by a party wall (the old stone walling type). In my adjoining neighbour's rear garden he has had a woodenf fence alongside that party wall for over 10 years. We erected a side kitchen extension and removed a section of the party wall (with his verbal acceptance). The kitchen wall extension did not cover the whole of the party wall and a gap between our kitchen wall and our neigbour's fencing was arund 300mm. We replaced and fitted 2 new fence panels as a neighbourly gesture. SInce then he is claiming that the gap left between our kitchen wall side and his house is now his and removed his fencing to lie alongside our kitchen wall. We cannot open any windows fully as his fencing obstructs our windows. He says the gap is in his property and has had it measured as proof but fails to let us have any details of who did this measurement. My question is because no party wall notice was given 10 years ago does this neighbour of ours have any right to encroach on our property. Your help would be appreciatied.


 


We are hoping to have a new boiler installed tomorrow and the gas installers may need to have access to our neighbour's property to access our gas flue.  As we have no working boiler at the moment could this be deemed as urgent work ot do I still need to request permission for access?

Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

Sorry for the delay. How can I help with this please?
Customer: replied 3 years ago.

We were hoping to have a new boiler installed today and the gas installers needed to have access to our neighbour's property to access our gas flue. We are going through a party wall dispute and we know he will not allow access to his property.


 


As we have no working boiler at the moment could this be deemed as urgent work or do I still need to request permission for access? At the moment there is no working boiler in the house and this is not good for my 89 year old father and my 57 Down Syndrome sister

Expert:  Remus2004 replied 3 years ago.
Sorry for the delay. I will look over this now.
Expert:  Remus2004 replied 3 years ago.
Hi

You do need permission to gain access. If the neighbour will not give it to you then you will have to apply to court to an injunction forcing him to allow access.

You can rely on the Access to Neighbouring Land Act to get access for any work required to preserve your property. From what you say, if this went to court you would win and he would end up paying costs.

If you get a solicitor to deal with this. The solicitor can attach a letter to the court application called a "certificate of urgency" explaining exactly why this should be in court immediately and usually it will be heard within 48 hours.

If the solicitor writes a letter to the neighbour asking for immediate access failing which you will make a court application, then hopefully the neighbour will see some sense, but if he does not, you have no alternative but to go to court. Ultimately you cannot beat him with a stick until he turns from an unreasonable person into a reasonable one!

Can I clarify anything for you?

Jo

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