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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70212
Experience:  Over 5 years in practice.
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Dear Sirs,I need to put a ladder up in the back garden of

Customer Question

Dear Sirs, I need to put a ladder up in the back garden of my side neighbour to change the facia and the gutter of my house but my first approach has been rejected. I do not need access to their house to do this as this can be done by a builder working in the back garden of next door. I would pay all expenses I do not like dispute; Can you please help . Regards XXXXX XXXXX 10 XXXX XX XXX  XXXX

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.

On what basis has it been rejected?
Customer: replied 3 years ago.

No explanation. It is a old lady alone in the house

Expert:  Remus2004 replied 3 years ago.
If she simply refuses point-blank, you will have no option but to raise a dispute.

Under the Access to Neighbouring Land Act you are entitled to have access to the neighbouring property for any work required to "preserve" your property.

If she refuses access, and you make an application to court to get access, the court will award access in your favour and well ordered the lady to pay court costs and legal costs that it has cost you to get there.

Initially, why don't you show the lady this reply and explained to her that under the Access to Neighbouring Land Act she has to give you access.

If she was still not give you access, then you have no option than to see a solicitor whose letter may persuade her and if it does not, make an application to court for a court order and costs.

She cannot get out of granting you access.

You are of course liable for any damage you cause but you appreciate that.

She cannot charge you for the privilege.

Can I clarify anything for you?

Jo
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

You are first class Thank . One more question;


On the boundary there should be her own fencing but there is not.


Overgrown plants rub against my house .Huge rotten poles lean against my house. Can I ask her to replace the fencing and remove any plant or


wood resting against my side wall? Regards Lauro

Expert:  Remus2004 replied 3 years ago.
Thanks.

She is under no obligation to replace the fence unless the property is leasehold or freehold and there is a covenant requiring her to do so. That would be very unusual in a freehold property.

You can ask her to move the rotten poles leaning against the house and you are entitled to ask her to move the vegetation which rubs against your house.

If any of the vegetation hangs over the boundary, you are entitled to cut the pieces off and throw them back over into her garden but not keep them because they do not belong to you

Expert:  Remus2004 replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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