How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask wingrovebuyer Your Own Question
wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
22732369
Type Your Property Law Question Here...
wingrovebuyer is online now

We have an external wall at an end of terrace. The plot adjacent

Resolved Question:

We have an external wall at an end of terrace. The plot adjacent to the wall has been approved for development by the same developer and landowner as our property. Since taking over the land we have lost access to our wall/windows. we require an engineer this weekend to fix our sky dish(!) as we have had problems with signal for over a month. Our landowner is claiming if we step on their land we are trespassing?! Can he do this? Do we need the police involved? No clue what to do, please help
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.
Hello. Is the Sky dish on this wall, overhanging the developer's land?
Customer: replied 3 years ago.


Hi, yes the Sky dish is attached to our wall and over hangs the developers land

Expert:  wingrovebuyer replied 3 years ago.
Thanks. I'm a bit concerned that the developer could claim your dish is trespassing, as it over hangs their land. My original thought was that you'd have access rights under the Access To Neighbouring Land Act 1992, but if the work is related to the dish I think you may not benefit from that Act because the dish itself is trespassing. Does this make sense?
Customer: replied 3 years ago.


Thank you, XXXXX XXXXX us even more concerned as our two bathroom windows when opened also overhang this land, so everytime we open the windows this means we are essentially trespassing, right? But since he bought the land and informed us he wanted to develop on it, we were never ever informed of this trespassing issue (until now!) nor were we offerred any alternative means of access. Surely this cant be right and we have some protection?? He knows everything about our property as he built it.


What are our rights in terms of accessing our wall/windows/gutters/roof/sky dish? At the moment, we have to climb our garden fence as the developer has blocked the previous access we had via a garden gate.


We need to carry out this work so i have spoken to the police to warn them that this is what we are doing if the landowner calls them. they were very supportive and have taken a report confrming we will be there and the reason (dish repair).


Do we have any legal protection in light of the above?

Expert:  wingrovebuyer replied 3 years ago.
I thimk you'll have to check your deeds to see what rights you have over the neighbouring land. Some right are implied by law. I suggest you do the works to your dish, provided it causes no damage or harm to the neighbour's land. He then can't really complain. Going forward, I suggest you speak to the lawyers who did the purchase for you, and ask them to clarify your rights.
wingrovebuyer and other Property Law Specialists are ready to help you