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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Our Neighbour is carrying out significant renovations and requires

Resolved Question:

Our Neighbour is carrying out significant renovations and requires access to our property to re-thatch (our side) of his roof, and repair a colleywesten valley between our respective thatch roofs. My concern is that he wanting the roofers to use our flat roof for access. It was recently completely rebuilt, and is not suitable for much heavy traffic and certainly not structurally sound enough for scaffolding to be placed on it. The flat roof only overlaps the colleywesten and about a quarter of the thatch.
Secondly, I am concerned about damage to may garden with the discarded thatch.
Thirdly, I am concerned about the safety of my dogs during the work as there is no way I can confine them in the garden and the access gate opens onto a very busy main road.
We have on problems with the neighbour, but would appreciate a view on our legal position.
Many thanks,
Sue Goodall
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

`Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether you have given permission for this access to your land ?

Customer:

WE HAVE NOT GIVEN EXPLICIT PERMISSION AT THIS STAGE, BUT HAVE AGREED IN PRINCIPALOINTING OUT OUR MISGIVINGS AND CONCERNS,

Alex Watts :

Ok - what is it you want to achieve?

Customer:

HI ALEX. I WOULD JUST LIKE TO KNOW THE LEGAL POSITION OF RIGHTS OF ACCESS AND WHETHER HE REALLY NEEDS TO USE THE FLAT ROOF AND SHOULD ANYTHING GO WRONG, WHAT IS OUR POSITION. I DON'T KNOW IF HE IS INSURED. HIS THATCHER IS BUT ALTHOUGH WE HAVE ASKED TO SEE THE FINE PRINT OF THE POLICY HE HASN'T GIVEN IT TO US.

Alex Watts :

Ok - you can refuse access

Alex Watts :

This is because it is your land

Alex Watts :

But the law says you can only refuse access if he is doing anything OTHER than maintenance

Alex Watts :

This is because of the Access to Neighbouring Land Act

Alex Watts :

This allows them to make an application if you refuse to Court to make you give access

Alex Watts :

But it can't be for new builds etc, it can only be for maintenance

Alex Watts :

In any event if they do any damage they MUST put it right and make good

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

HOW DO WE PROVE DAMAGE

Customer:

AND HOW DO WE ENFORCE MAKING GOOD

Customer:

DO WE NEED TO DRAW UP A FORMAL - LEGAL - DOCUMENT

Alex Watts :

You dont need a formal document but you can have one

Alex Watts :

As for damage if it was not there before then it stands to reason they did it if it is there after

Customer:

CAN WE REFUSE PERMISSION TO USE OUR FLAT ROOF THOUGH WE GIVE PERMISSION FOR SCAFFOLDING FOR THE REST OF THE MAINTENANCE

Alex Watts :

Yes

Alex Watts :

You can say you dont want the roof being used

Alex Watts :

Does that help?

Customer:

yES. tHANK YOU.

Customer:

I GUESS THAT IN THE COURSE OF THEIR REPAIRS, IF THEY DAMAGE OUR SIDE THEY ARE LIABLE

Alex Watts :

Yes they would be

Customer:

MANY THANKS ALEX

Alex Watts :

Can I help with anything else today?

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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