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james bruce
james bruce, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 2069
Experience:  Owner at James Bruce Solicitors
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I require access to the boundary and part of my neighbour's

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I require access to the boundary and part of my neighbour's property to carryout preventative work to my wall.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I had written to my neighbours solicitor to ask permission.
JA: Where is the property located?
Customer: 14 Tyrrell Square Mitcham CR4 3SD the rear is a legal development very close to no 13 their boundary and mine.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I require access for a couple of days for the work.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Generally, if you go onto to your neighbours land without their permission, you are trespassing. However, Under the Access to Neighbouring Land Act 1992, if you wish to repair your home, you may go onto your neighbours land without getting their permission.

Before going on your neighbours land, you should still ask their permission. You can do this by requesting access to your neighbour’s land in a letter. If they do not want to let you and try to stop entry, you can seek an order from the court forcing them to give you access.
The Access to Neighbouring Land Act 1992 enables access to adjoining or adjacent land for the purpose of carrying out “basic preservation works” to one’s own property.

You have already taken the correct polite steps by writing to seek / inform them. Therefore, there should be no reason why you cannot go ahead and carry out your repairs.

Hello, I am just following up on your enquiry to see if I can assist further. Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 7 days ago.
Hello James I would like to take a court order out on my neighbour to proceed with the preventative work could you assist ?

I am very sorry , but I would not be able to assist with the actual court order. I currently supply legal advice on line as I have done here.

Before, you look at court, I would advice writing to the neighbour again, confirming the law as explained above and that you have a legal right to enter to carry out the work. Explain that if they fail to acknowledge your letter then you ill obtain the court order against them.
How they refused entry?

The application to the court is straight forward.

You would make the application on a Part 8 Claim Form:
http://www.hmcourts-service.gov.uk/courtfinder/forms/n208_1000.pdf
On the form, Explain why you need access in the Details of Claim section and state that it is an application under the Access to Neighbouring Land Act 1992 and then take this to the Court and pay the fee.

The Court will then serve this on the neighbour and they will have 14 days to acknowledge and to object if they wish to do so. The Court will then set a date for a hearing to decide the issue. Any hearing will be relatively short and f you attend without a lawyer, will primarily consist of the judge asking you questions about why you need access and, if your neighbour attends, asking your neighbour why they object.

The court will then make their ruling.

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