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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 9633
Experience:  Dual qualified Solicitor and Attorney
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My neighbour whom we don’t have a good relationship with,

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Good Afternoon. My neighbour whom we don’t have a good relationship with, has engaged a solicitor who has written to us demanding we either remove a section of fence recently erected with a locked gate, or give them a key to the gate to allow them unfettered access to our private rear garden to maintain the rear of their property. Since we purchased the property the neighbour has always asked permission to carry out works to their property. We have always agreed to their request and never denied them access. The queries are as we have always given them permission, have they acquired any right of access or right of way, As we are re ov
JA: Where are you? It matters because laws vary by location.
Customer: Northumberland. Continuing on.. As we are renovating our own property we undertook to clean a joint gutter and their gutter at our expense and cleaned the two gulleys which are on our property but take waste from the neighbours gulley. The neighbours, through their solicitor are threatening to take out an injunction . Would this not be an abuse of the court process as we haven’t denied them access and in fact carried out the work that they would require access for. The solicitor is saying that he will demand a payment for the costs involved in the injunction. Is this correct, as we have not denied them access. The solicitor has said he’s going to apply to the court for access under the Neighbourhood Act. As it is their application can they charge us the costs of applying as we have not denied them access?
JA: What steps have you taken so far?
Customer: Researched gov website re Neighbouring Land Act 1992 and acknowledged receipt of letter from the solicitor and am in the process of writing a reply and need advice as to whether they can charge their costs to us for applying for an injunction and an application under the Neighbourhood Act, when we are not denying them access.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I think that’s it thank you.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

No they have not acquired access rights and have no basis for their claims for access. They do not have a right to a key and you should not give them one. In terms of the act in question you have not denied them access when requested and the act does not mean you have to give them permanent access i.e. such as with a key. If they are not successful in any claim which I do not think they will be they also cannot claim their costs.

I trust this assists

Jeremy Aldermartin and other Law Specialists are ready to help you
Customer: replied 11 days ago.
Thank you very much for your prompt response which confirms my thoughts that they could only claim costs if successful, and as we have never denied them access there would be no basis for an injunction. Having read the official government website if they made an application it would appear that the court would only make conditions similar to what they already have by consent. Thank you again . Your assurances have been very welcome .

Happy to help, take care