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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I need to access a neighbours property to carry out roof repair

Resolved Question:

I need to access a neighbours property to carry out roof repair to my property I have spoken to them this morning and they are refusing to allow scaffolding on the grounds that it could damage there pathway slabs we have said if that was the case we put the problem right, the builder needs to erect scaffolding on their side to access the gable end of my property the builder is fully insured for public and employers liability.Could you advice me of my position I have read the neighbouring land act of 1992.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
You need to get a solicitor to write and ask for access or say you will get a court order. You are correct in that you have an access right under the Act. This is for maintenance purposes.
If he refuses then you can issue proceedings using form N1
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
The court will consider the application and make the order allowing access. If he continues to refuse this is contempt of court. Clearly if there is any damage you or the builder would be responsible for this.
Can I clarify anything for you about this today please?
Alex
Ash and other Property Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex