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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Property Law
Satisfied Customers: 10712
Experience:  Barrister 17 years experience
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I live in a converted end terrace house. I have access to my

Customer Question

I live in a converted end terrace house. I have access to my garden via the said gate and my neighbour has access through his kitchen. This had been the arrangement for several years since my neighbour moved in and with previous occupants. However, several
years ago my neighbour started using my side gate. I complained to the landlord, who responded saying that the access is shared because of fire escape. However our property is not a purpose built property and the neighbour lives on the ground floor of the
house and as access to the garden via his kitchen. This is the arrangement for all other properties. However the landlord as said that they would only look at individual cases. Moreover my contract says private garden and I was advised when I first moved in
that the access is private (as is with all other properties, belonging to the landlord who is a social landlord, of the same built on my road and around the area). The landlord has indicated that they have the power to review or change their policy on access
if the circumstances prove necessary i.e. if it's causing issues between tenants as in antisocial behaviour concerns. Currently the other tenant cannot use this path due to a court restraining order because of antisocial behaviour. This order does run out
and I was wondering what is the law on the matter and whether I can challenge the landlord's claim in court and how do I go about filing my case i.e which court division and form/claim to file. Last but not least what are my chances of succeeding.
Submitted: 2 years ago.
Category: Property Law
Expert:  Buachaill replied 2 years ago.
1. Where there has been detrimental reliance upon a promise or representation in respect of which a person suffers loss, then than that loss is recoverable from the person making the representation. So, in principle, you will be able to recover your costs from your neighbour. However, in order that this be so, there must be some clear evidence in writing of the agreement. An agreement to agree is not sufficient. In order that you recover your costs, the email evidencing the transaction should state the parties to the promise, the parcels of land involved and any price involved. So, you should consider any communications between you and see if there was a clear representation between you that this neighbour would promise his land to you should you want to make the PLANNING application. So the issue of whether the costs are recoverable here depends upon the evidence. A mere puff that your neighbour "might" agree is not sufficient for you to get your costs.