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Buachaill, Barrister
Category: Law
Satisfied Customers: 12057
Experience:  Barrister 17 years experience
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I have started doing insulation on my house. Before I

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Hi there,
JA: Hello. How can I help?
Customer: I have started doing insulation on my house. Before I started I asked the neighbour if it was ok, and he said it was. Now after 2 weeks of work, he has changed his mind and won't let us have access to his back door to insulate the wall facing his house. Is there anything I can do to solve this issue? Thank you
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I asked the council and they said I don't need to do any paperwork for this.
JA: Where is the house located?
Customer: Nw2 1hy
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Nothing for now

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1. You essentially need to formally write to your neighbour under the Access to Neighbouring Land Act and request permission to access your property to do the works, through his land. Failing permission from him, you can make an application to court to gain access through his property to do the insulation works on your land. It would help if you got a solicitor to write to your neighbour at the outset, as this shows you are serious about going to court to gain access. You should also ensure your solicitor points out to your neighbour that they may be liable to pay the costs of any court application. This will encourage him to give you access.

2. Be aware that a court will almost always grant access upon you giving an undertaking that you will preserve his property in the state you find it when you commence the works. So, you should be confident about gaining access, just that it will take time if your neighbour digs his heels in. However, as he was willing to allow you access at the outset, the hope would be that he would return to his original position and not refuse access.

3. Thank you for using the website. Please use the buttons at the top of the screen to rate or accept the answer as otherwise your Expert remains unpaid by the website despite answering your question.

Customer: replied 9 days ago.
Because the scaffolding is already on his property, will I be breaking any laws if I continue to finish the insulation on the wall facing his house?
Customer: replied 9 days ago.
When I registered with this, it said I need to pay £40 a month, so can you just answer through here please?

4. If you proceed to finish the insulation on the wall facing his house, you will be committing an act of trespass and ultimately it might involve the police. So, I would suggest you seek to reach some agreement with your neighbour about finishing the works.

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