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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice.
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I am doing maintenance on my wood panel fence, replacing the

Resolved Question:

I am doing maintenance on my wood panel fence, replacing the rotten posts. We need to go into my neighbour,s garden to put a very long screw in each post to secure the posts to the panels. I wrote a note to ask for permission and he wrote back to say he would not allow any workman into his garden, he does not speak to me. Please help. Thank you
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is there any reason he takes this view?
Customer: replied 3 years ago.

He is a very strange man, never mixes with anyone and fenced his property in completely. We fell out years ago because he cut the trees along my fence, the trees have a TPO and he did it without permission so I had to report it to the local council, since then he never spoke to me.


 

Customer: replied 3 years ago.

I cannot find your answer to my fencing question

Customer: replied 3 years ago.

He does not want anyone to enter his garden

Customer: replied 3 years ago.

You have not answered my fencing question at all

Expert:  Remus2004 replied 3 years ago.
The reason you are experiencing delay is that you keep posting before I have responded which pushes your question to the back of my list.

You are actually allowed permission to do this under the Access to Neighbouring Land Act. You are allowed access under the Act for any work required to “preserve” your property which would include this work to the fence.

Unfortunately, if he simply refuses you are faced with an application to court and the court will order him to give access and the court can award costs against him.

You have to give him warning that if he does not give you access or give your workmen access he will find himself in court and in this respect, he is likely to take more notice of a solicitor’s letter.

You may have legal expenses insurance attached to your house insurances so it would be worthwhile checking that to see whether it would cover the costs.

Jo
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