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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70010
Experience:  Over 5 years in practice.
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I own a grade 2 semi detached house . It is a two storey house,

Customer Question

I own a grade 2 semi detached house . It is a two storey house, but backs onto a couple of three storey homes. Because it is easier for workmen to go over the two storey part, neighbours give them permission to do so, usually without my permission. Between my neighbour next door ( also two storey, attached to three) and myself, there is a lead gully.
Can I get something in writing to stop this annoying habit, with my neighbours having little or no regard for my property.
Thank you in advance
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.
You mean something in writing from the neighbour?
Customer: replied 2 years ago.
When I asked citizens advice a couple of years ago, they said it is trespass and I made the neighbours aware. What usually happens is, I'm out and work and do not see what is going on. I do not like them clambering over my roof, just because it is easier to put up their satellite dish or whatever. Emergency situations would be different of course,. It concerns three or four neighbours and myself
Customer: replied 2 years ago.
How Long before I get an answer.
Expert:  Remus2004 replied 2 years ago.
Is it just easier or do they have to go that way?
Do they cause damage?
How often doesit happen say per annum?
Customer: replied 2 years ago.
Of course they don't have to. They choose to because it is easier. They could put up scaffolding, use a longer ladder etc, but they don't. As the neighbours say it ok, the workmen do not even bother to check. The quickest and easiest way for the workmen is what they choose. I do not know if there has been any or much damage, but as lead is very soft and damages easily??? I just know that about 18 months ago, I had water come Down/ inside the joining wall....at the time people said it was probably just back up...IE:- under the slate tiles and over the edge of the lead. What i do know is,that f there are problems to my house/roof, I will be expected to pay and they will just sit back. I recently said no to a neighbour who wanted to put her new satellite dish on my chimney and have been made to feel as if I'm in the wrong because I said no.
Expert:  Remus2004 replied 2 years ago.

You have 2 possible causes of action here.
The first one is in common law nuisance quite simply because this is a nuisance.

The second cause of action is interest bus although trespass is not usually actionable unless some kind of damage is caused.

If the neighbours need this access for anything required to preserve their property (maintain it) they are entitled to have reasonable access under the Access to Neighbouring Land Act but from what you have said, it is just more convenient and not essential.

If the neighbours take no notice of you, consider getting a solicitor to write to them threatening them with an application to court for an injunction and substantive legal costs if they do not stop allowing their workmen to go over your roof. At the same time, tell them that they are responsible any damage caused to the roof and you intend to have it inspected to confirm that no damage has been caused.

If they ignore that letter then you have no alternative but to apply to court for the injunction and legal costs.

If you have house insurance, you could well have legal expenses cover that might pay for the solicitors costs and the court application.

Can I clarify anything for you?

Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70010
Experience: Over 5 years in practice.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you
Expert:  Remus2004 replied 2 years ago.
Good luck and all the best. I am glad to help

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