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JGM, Solicitor
Category: Law
Satisfied Customers: 12188
Experience:  30 years as a practising solicitor.
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I live in Shetland and my roof is desperately in need of repair

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I live in Shetland and my roof is desperately in need of repair and re tiling at least. Unfortunately my elderly neighbour (90s) will not allow access to her small drying yard and flat roof for the work on one side of the house to be carried out. Her home has a flat roof which she has not maintained very well so our roofer has given detailed plans regarding protecting her roof to carry out the work and provided details of his insurance cover.
We have been communicating via solicitors as she refuses to speak to me about it. My solicitor says the law is not necessarily in our favour ( we started discussions 17 months ago.). An independent builder has confirmed my roof to be dangerous. I am desperate to resolve this issue and noticed the Access to Neighbouring Land Act 1992 does this cover Scotland and could this be a way forward for me?
Thank you for your question.

The Access to Neighbouring Land Act 1992 doesn't apply in Scotland I'm afraid. At present the law in Scotland is that, unless your title deeds allow you access over your neighbour's property for maintnance or repair OR your neighbour grants specific permission, you have no legal remedy and can't force her to allow access.

The only possible way of doing this might be to offer to do the work needed to your neighbour's roof as an incentive. Or you may be able to persuade the council to serve an enforcement notice in respect of both roofs so that she would have to do something. I appreciate that neither of these suggestions may be realistic but I stress that there is no law available to you to force her to give you access.

Happy to discuss further.

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