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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice.
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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
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