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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 3018
Experience:  Solicitor at BLM
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Next door refuses to let the builders go into her garden to

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Next door refuses to let the builders go into her garden to repair the pointing to my conservatory wall which is letting in water
JA: Where are you? It matters because laws vary by location.
Customer: I am on the Wirral in upton
JA: What steps have you taken so far?
Customer: i sent some builders round who were a bit untidy leaving food cartons ect they didn’t do the job to completion she says they trashed her garden but hadn’t I’ve just been round to her to ask if not me but a new company can enter to give me an estimation for the required work but flatly refused
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: the work required cannot be carried out from my side or off the flat roof but water is still getting in causing damage

Hello

Welcome to JA.

I am sorry to hear about your situation.

Please note that this is not a chat service therefore you may experience delays.

If someone requires access over the neighbour’s land/property for work required “preserve” (maintain) their property then under the Access to Neighbouring Land Act https://www.legislation.gov.uk/ukpga/1992/23/contents

they have a statutory entitlement to be able to do so.

Google will give you plenty of reading on the effects of the law.

You need to tell the neighbour exactly that unless she/he allows access forthwith, because the structure is dangerous/requires work, you will make an emergency application to the County Court for an injunction to compel the neighbour to give you access AND your will ask the court to award all costs of the application against the neighbour.

You may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually the need to get to court.

Check your house insurance to see if you have legal expenses cover that would pay for the legal cost of taking this to court.

I hope i have clarified the position.

Thanks and stay safe.

Customer: replied 12 days ago.
Ok thanks it’s nice to know that I can get the work done

Your welcome and have a good day.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify the answer given.

Thanks and stay safe

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