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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 24639
Experience:  Senior Partner at Berkson Wallace
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Jo, We have an end-terrace house and need to replace the

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Hi Jo,
JA: Where is this? It matters because laws vary by location.
Customer: We have an end-terrace house and need to replace the roof tiles due to age following a Surveyor's report. The slate tiles interlock with our neighbour's roof and the builder needs to feed the membrane under 1 row of his tiles by gently lifting them - in order to make it water-tight. I have had on and off conversations with my neighbour about the works to which he initially agreed in whatsapp messages (he does not use email) and he held various discussions with my builder. We are now ready to proceed next week - however he has suddenly turned hostile in refusing permission to touch any of his tiles (which are brittle). We had to re-design the scaffolding so as not to touch any part of his roof because his roof is old and brittle (our Surveyor told us his roof is in a worse state than ours). This is not a big job as these are 1870's cottages. I spoke with a Party Wall Surveyor and he advised against going down that route due to cost and delays for such a small job. Citizen's Advice sent me a link to applying for a Court Order to access neighbouring Land - but this is also time consuming. I have also registered the work with Cotswold Building Control, for inspection. We have all materials sitting in our car space and the scaffolder and builder are planned to start. How can we proceed if our Neighbour remains stubborn? The work will also benefit him due to making the roof divide water tight. The issue here is the interlocking tile area. There is a precedent here as his other neighbour has had their roof replaced 4 years ago - so he must have given permission then since these are the same interlocking tiles. Many thanks for any advice. Fredrik Verkroost
JA: What steps have you taken so far?
Customer: It's in the Cotswolds near Cirencester.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Our builder did outline to my neighbour what steps he was going to follow and to allow my neighbour to observe what he has done at each stage. I should also add that my neighbour's first question was to have a copy of the scaffolder's and builder's insurances. I think he is angling to get his roof replaced for free by the insurers - since he lives on a sparse budget..

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

He has allowed the neighbour the other side to carry out the roof repairs but refusing you?

and is this delay costing you?

What Citizens Advice have told you is correct but there is no reason why, because of the nature of the work and the potential for water pouring through the roof, you could not make an emergency application and you could have an order and a couple of days.

Precedent doesn’t apply here.

If I were the neighbour, I would also be asking for a copy of the insurances because if there is a problem,.  Particularly a major problem, I don’t want to be dealing with a man of straw.

The other potential problem here is that if next door is in bad condition, actually disrupting anything could cause a problem for which you and your builders would be liable.  However that’s a practical problem at this stage not a legal one.

You can’t beat your neighbour with a blunt instrument until he capitulates and agrees and your only remedy is an application under the Act mentioned earlier.

We can give you a blow by blow guide on how to make the Civil Procedure Rules part 8 application and how to make it urgent but there is a normal extra fee for that.  If you’re interested in that, I will submit a premium services proposal for you.

All you would need to do then is complete the paperwork and send it to the court.

You can tell the neighbour that you have been advised by Citizens of Advice and an online solicitor to make the application AND you will ask the court order that the legal costs against him on the grounds of his breach of the Act and is unreasonable behaviour so before you do that, does he want to reconsider otherwise you will be making the court application tomorrow on an emergency basis and it will be in court in a couple of days.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 13 days ago.
Many thanks

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
Thank you for trusting Just Answer, and of course me,  with your legal problem.

Customer: replied 13 days ago.
Stuart, let me discuss with my Partner. How can I come back to you if we would like to make an emergency applications?

Just post on here and I will get back to you.

I will offer the premium service proposal for you now.  It’s optional extra.

In your own time but do bear in mind that I am not on here 24/7, I do walk from time to time.  However I am on virtually every day at some stage

Stuart J and other Property Law Specialists are ready to help you
Customer: replied 13 days ago.
Thanks Stuart, I need to have one last conversation with my neighbour on Friday or Monday in case he changes his mind. So I may be calling on you next week.

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
Thank you for trusting Just Answer, and of course me,  with your legal problem.The thread stays open, so do it in your own time but I have to tell you that after about 4 days, I no longer get notification that you are waiting and so, I may be delayed getting back to you.