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Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.
Is it a new build or maintenance?
Ok - what do you want to achieve?
Sadly you can not have it removed. If it is maintenance then under the Access to Neighbouring Land Act 1992 if you refuse to allow maintenance then they can apply for a Court order.
It is implied that any damage will be and must be repaired to the same standard.
But the reality is, he should have gotten consent. You can not refuse it. The law allows access.
It does not have to be essential maintenance. It only needs to be maintained.
I am sorry if this is not necessarily the answer you want, nor the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?
Yes he should have. I assume the advice is not from a qualified Solicitor or Barrister?
But the Act says that if you refuse, he can get a Court order.
You can threaten to remove it. But by law you must allow access.
It is quite clear. Section 3(1) says:
An access order requires the respondent, so far as he has power to do so, to permit the applicant or any of his associates to do anything which the applicant or associate is authorised or required to do under or by virtue of the order or this section.
Does that clarify?
You realise you would be liable for the costs of that too though if he got a Court order?
If there is damage, he has to repair regardless.
Yours. It makes no difference whether he damages his own.
He would be liable for damage to yours and it would be obvious if it was fresh damage.
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