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 Remus2004 Your Own Question

Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69541
Experience:  Over 5 years in practice.
12826847
Type Your Property Law Question Here...
Remus2004 is online now

My neighbour wants to make use of an area between our two properties

Resolved Question:

My neighbour wants to make use of an area between our two properties for recreational purposes. I have no problem with this, although half the area (about 5 square metres) is on my side of the boundary line. I want to draw up an agreement giving access rights, which I can terminate with 6 months notice. My neighbour will also have to declare that they use the space at their own risk. Does a simple agreement drawn up between the two of us have the necessary legal force?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is it that you want to achieve here?
Customer: replied 2 years ago.

Hi Jo. The area in question is a piece of flat roof at first floor level, which my neighbour wishes to use to sit out. There is only access from his property, although half the space is on my side of the boundary. I have no problem with him using it, but I want there to be a formal agreement between us. It's close to my property and I want the arrangement to be clearly by consent. This is to guard against potential misuse, or in case I or a future owner wishes to develop the area on my side of the line. I'm confident I can draw up such an agreement to include right of use and a reasonable termination clause. It's also important that my neighbour realises that he uses the space at his own risk. Rather than engage a lawyer to draw up an agreement, I would like to do this myself, as long as it has equal validity. Thank you, Mark

Expert:  Remus2004 replied 2 years ago.
Under the Unfair Contract Terms Act you cannot contract out in any deed or document or agreement, of liability for personal injury or death. Therefore, if someone injures themselves on your part of this land and it is as a result of some failing by you to repair it or whatever, then you are liable.
I would make it a condition therefore that the neighbour produces insurance which confirms that this activity is covered and that the insurance covers the whole of the area and not just the land which is owned by him.
The last thing you want is a claim against you or your insurance, where even if your insurance pays out, your premiums will rise next year through no fault of your own.
A simple agreement whereby he agrees that he uses this in conjunction with you and that no tenancy is created is sufficient as is saying that it can be terminated on one months notice. There is no need to have 6 months notice unless you particularly want to.
The insurance is the most important thing.
Can I clarify anything for you?
Jo
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69541
Experience: Over 5 years in practice.
Remus2004 and other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.