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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71129
Experience:  Over 5 years in practice.
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I have a leak in my roof. My builder says that my chimney need

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I have a leak in my roof. My builder says that my chimney need re-leading but it is a shared chimney with a neighbour. The builder needs to lift tiles on my neighbours roof and re lead the entire chimney on both sides. My neighbour has refused to let my builder touch his roof. My builder says the only way to fix it is by fixing both parts of the chimney. Can my builder fix the roof without my neighbours consent?
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Are you willing to pay all the cost or is he just being unreasonable?
Customer: replied 4 years ago.



I am willing to pay all the cost.


We are not on good terms as afew years ago he tried to make me pay for a fence he pulled and I said no.


He is being unreasonable and said he does not have a leak so does not want his roof touched.


Under the Access to Neighbouring Land Act the neighbour has to give you consent for any work required to “preserve” your property and that would include this.

If he will not grant you access, you will have no option but to apply to court for an injunction to make him grant access and you can also ask the court to award an adverse costs against the neighbour for being unreasonable.

The builder will be responsible for any damage caused to the neighbour’s roof.

In any of the leakage is as a result of the neighbours flashing being defective, you are entitled to sue the neighbour for the costs of the remedial work and also any damage resulting from that leakage.

The neighbour may take more notice if you get a letter sent by a solicitor advising him that he really has no option under the above Act and that unless he grants consent, he will end up in court and you will get the costs order against him.

Can I clarify anything for you?

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