Ask an Property Solicitor. Get an Answer ASAP.
`Hello my name is ***** ***** I will help you with this.
For now please let me know whether you have given permission for this access to your land ?
WE HAVE NOT GIVEN EXPLICIT PERMISSION AT THIS STAGE, BUT HAVE AGREED IN PRINCIPALOINTING OUT OUR MISGIVINGS AND CONCERNS,
Ok - what is it you want to achieve?
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.
Ok - you can refuse access
This is because it is your land
But the law says you can only refuse access if he is doing anything OTHER than maintenance
This is because of the Access to Neighbouring Land Act
This allows them to make an application if you refuse to Court to make you give access
But it can't be for new builds etc, it can only be for maintenance
In any event if they do any damage they MUST put it right and make good
Can I clarify anything for you about this today please?
HOW DO WE PROVE DAMAGE
AND HOW DO WE ENFORCE MAKING GOOD
DO WE NEED TO DRAW UP A FORMAL - LEGAL - DOCUMENT
You dont need a formal document but you can have one
As for damage if it was not there before then it stands to reason they did it if it is there after
CAN WE REFUSE PERMISSION TO USE OUR FLAT ROOF THOUGH WE GIVE PERMISSION FOR SCAFFOLDING FOR THE REST OF THE MAINTENANCE
You can say you dont want the roof being used
Does that help?
yES. tHANK YOU.
I GUESS THAT IN THE COURSE OF THEIR REPAIRS, IF THEY DAMAGE OUR SIDE THEY ARE LIABLE
Yes they would be
MANY THANKS ALEX
Can I help with anything else today?