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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I live in a Georgian Terrace and we have some essential repairs

Resolved Question:

I live in a Georgian Terrace and we have some essential repairs that we need to do to our roof, in order to conform to safetly regulations some of the scaffolding we will need to put up to have the works done will have to be in our neighbours garden. They are being very difficult and refusing to allow us any access which means we are unable to get these essential repairs done. What are our rights if any? As an aside the damage that we are repairing was caused by render falling from thier chimney
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 :

You need to write to the neighbour and ask for permission otherwise say you will apply to the Court

Alex Watts :

If the neighbour still refuses you can apply under the Access to Neighbouring Land Act which states

Alex Watts :

A person—


(a)who, for the purpose of carrying out works to any land (the “dominant land”), desires to enter upon any adjoining or adjacent land (the “servient land”), and


(b)who needs, but does not have, the consent of some other person to that entry,


may make an application to the court for an order under this section (“an access order”) against that other person.

Alex Watts :

On an application under this section, the court shall make an access order if, and only if, it is satisfied—


(a)that the works are reasonably necessary for the preservation of the whole or any part of the dominant land; and


(b)that they cannot be carried out, or would be substantially more difficult to carry out, without entry upon the servient land;

Alex Watts :

If the neighbour refuses to comply with a Court Order it could be contempt

Alex Watts :

But you can apply for a Court order giving you access

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

 


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