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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If a neighbours barn adjoins our property, and we agree that

Resolved Question:

If a neighbour's barn adjoins our property, and we agree that they may come on to the property to put up scaffolding to re-roof the barn, to what extent do they have rights to enter and leave our property at will, or to make adjustments to e.g fencing, plants, shrubs to erect the scaffolding? Do they have to make a request in writing and keep to the terms of that request?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

This is covered by the Access to Neighbouring Land Act 1992

Alex Watts :

You do have to let them come onto your land to effect maintenance.

Alex Watts :

But really this should be pre-arranged and agreed dates/times etc.

Alex Watts :

You do not need to commit to writing but, I would ask them just to confirm in writing the dates they want it up and the times the work will be carried out

Alex Watts :

Please remember this is your neighbour so you are trying to keep on good terms, because one day you may also need help

Alex Watts :

So the Act says you should allow access. It should not specify what dates/times.

Alex Watts :

So that is a matter between the parties. But try and be reasonable about times.

Alex Watts :

I would say no earlier than 8am and no later than 5pm Monday-Friday

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

It is already done, but not within the verbal agreement, unfortunately. We are trying to be reasonable, but the work manager on site does not seem to plan his work ahead. Therefore we are concerned that IF they need to make drainage for the barn, which they have mentioned, and this will be on our side of it, they will begin to dig without consulting us

Alex Watts :

Yes. You just need to put this in writing and make your consent conditional that you need to be advised.

Alex Watts :

Does this help?

Customer:

yes thank you and we will look up the Act. We do not want to be in dispute here.

Alex Watts :

Of course

Alex Watts :

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