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Ask wingrovebuyer Your Own Question
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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I need to repair my external wall as bricks are crumbling and

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I need to repair my external wall as bricks are crumbling and there is some damp where the cavity is breached. The wall is about 20 cm from the boundary fence on his drive and I need to take this down and access his property to do the repairs, then reinstate the fence. He has refused permission at the moment what can I do and what time-scales am I looking at?

wingrovebuyer :

Hello. The Access to Neighbouring Land Act 1992 entitles you to enter neighbouring land to undertake repairs to your property. This includes the right to temporarily move the fence. You should advise your neighbour that you have these rights and that you will go to court to enforce them if necessary. Hopefully that will be enough to get him to change his mind. However, if not you will have to go to court and apply for an access order. This could take several weeks to arrange, depending on the reaction of your neighbour.

Customer: Ok and a rough costs from & upto?
wingrovebuyer :

I think you'll have to budget £2,000 to £5,000 plus VAT depending on the neighbour's reaction. Even if you are successful, you might not get these costs back if the neighbour had genuine concerns, rather than just being awkward.

Customer: Thanks, XXXXX XXXXX as costs, is that a separate issue or is that awarded as a part of the access order?
wingrovebuyer :

It would all be dealt with at the same time, costs and the order. Best of luck!

Customer: That was easy thanks!
wingrovebuyer :

No problem - please don't forget to leave a rating. Best, WB.

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