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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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My parents own their own home. They want to do some repairs

Resolved Question:

My parents own their own home. They want to do some repairs to the front if the house. This means having to go on the neighbours front garden. The neighbour is a council tenant and is refusing them access. The council have said they won't make him agree to give access. What can they do?

Kind regards
Vicky
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Do they *need* access to the neighbours land to do the works, or is access a mere convenience?

Customer: Hi Tony
tdlawyer :

Hello.

Customer: Hi Tony thanks . They need access to the neighbours front garden
tdlawyer :

Okay. Then they can get it, if the purpose is to maintain the premises (i.e. not build new parts to it, such as a conservatory etc...).

tdlawyer :

They can do this by applying to the Court for an order under the Access to Neighbouring Land Act 1996.

Customer: Thanks so
tdlawyer :

The Court will grant an order usually, and most often, it is something that neighbours agree on when they appreciate the Court is likely to do it anyway. Also, if the neighbour unreasonably refuses, and the application to court has to be made, the Court could order the neighbour to pay the costs associated with the application having to be made. This is why most neighbours try and agree to avoid the costs risk.

tdlawyer :

Is there anything else you would like me to answer for you?

Customer: Sorry to be cheeky but can I just ask one more thing? The neighbour has also planted a large hilly tree right next to the wall my dad needs to get to and is refusing to cut it down !
tdlawyer :

Of course you can :)

tdlawyer :

Cutting down a tree might be difficult - again, this could only happen with a court order, but I doubt you're going to get that, unless you can show the tree was placed solely to prevent access.

Customer: Thanks so much Tony. You have been very helpful!
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