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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice.
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We want to renovate the rear of our property because the rendering

Resolved Question:

We want to renovate the rear of our property because the rendering is need of repair, this would mean putting up scaffolding on the neighbours drive and he is refusing access. His property was built after ours and the side of our house runs along his drive, do we have ANY rights to use his drive for the access please ?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Has he given a reason for refusing access?
Customer: replied 3 years ago.

No reason, just a flat refusal, he can be a bit obstreperous and he is about 70 years old. Perhaps the scaffolder made him nervous ? He is always moving his car up and down the drive for no obvious reason to us, so I imagine any scaffold would impede this activity.

Expert:  Remus2004 replied 3 years ago.
The neighbour is not entitled to refuse access to you for any work required to "preserve" (maintain) your property. The relevant legislation is the Access to Neighbouring Land Act.
If he refuses, you can take him to court and ask the court to grant you an injunction to make him give you access and you can ask the court to award costs against him.
You are liable for any damage caused to his land in the exercise of the right and you must not cause inconvenience and if you do, you are liable to compensate him.
If he still refuses when you have mentioned the Act to him you might want to suggest that he takes legal advice which will be the same as I am now giving you. That should be the end of the matter but if he doesn't take legal advice and simply refuses, you might want to get a solicitor to write to him before dashing off to court.
If you have house insurance, check to see if you have legal expenses insurance that would cover the cost of any dispute.
Can I clarify anything for you?
Jo
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