What is the Access to Neighbouring Land Act 1992?
Sometimes you need to go onto a neighbour's property to carry out work on your own home: repairing a wall, fixing guttering, or treating timber on the boundary. A polite request often works. But when a neighbour refuses, essential repairs can stall or cause further damage.
The Access to Neighbouring Land Act 1992 provides a legal route to apply for a court order allowing you to enter neighbouring land for certain preservation work. It does not give you an automatic right of access. It offers a framework for asking the court to grant permission when your neighbour will not.
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The Act covers situations where you need access to neighbouring land to carry out preservation work that would otherwise be impossible or substantially more difficult from your own property.
Work that may qualify includes:
- Maintenance, repair or renewal of a building or structure
- Essential maintenance of drains, sewers, pipes or cables tied to your property's preservation
- Treatment, cutting back, felling or removal of trees, hedges or vegetation causing or threatening damage to your property
- Filling in or clearing a ditch
The work must relate to preserving something on your own land. The Act does not cover improvements, extensions, or new construction: only preservation and repair.
Before granting an order, the court will expect evidence that you asked your neighbour for permission and were refused, or that they failed to respond to a reasonable request. The court will only grant an order if it would be fair and reasonable, would not cause unreasonable hardship to your neighbour, and would not harm their enjoyment of their land.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Applying for an access order
If your neighbour has refused access, you can apply to the county court or High Court. This is a formal process with costs involved.
Your application should include details of the work needed, why access is necessary, and what steps you have taken to reach agreement. Supporting evidence such as written correspondence, contractor quotes, or surveyor reports can strengthen your case.
The court will consider:
- Whether the work is genuinely necessary for preservation or repair
- Whether you made reasonable attempts to get agreement
- Whether the work can be done without unreasonable disruption or damage
- Whether the order would harm your neighbour's enjoyment of their land
- Whether you are willing to pay compensation for inconvenience or damage
If granted, the order will set out specific terms: when access is allowed, how long it lasts, what work can be done, and any conditions. You may need to give notice, restore the ground afterwards, and pay compensation.
Court proceedings can be time consuming and expensive. Legal fees, court fees, and compensation payments add up quickly, so most people treat this as a last resort.
Limits of the Act and practical steps
The Act does not cover improvements or development. If you want to build an extension requiring scaffolding on your neighbour's land, this law will not help unless the work also involves repairs to an existing structure.
It does not give rights to ongoing or repeated access. An access order is for specific, time limited work. For regular access, you may need to seek an easement: a permanent legal right to use part of someone else's land for a specific purpose.
The Act cannot force your neighbour to carry out work themselves. If a problem originates on their property, you may need other legal routes. If your dispute involves a boundary, party wall, or structural work affecting both properties, the Party Wall etc. Act 1996 may apply. GOV.UK has guidance on party wall rules.
Before considering legal action, try voluntary agreement. Put your request in writing, explaining the work and why you need access. Be specific about dates, times, and duration. Keep copies of all correspondence and follow up conversations in writing.
If communication has broken down, mediation can help. A neutral third party may find a way forward that both sides accept. Local mediation services exist in most areas. Mediation is usually quicker and cheaper than court, and preserves the possibility of a workable relationship.
Getting legal advice early is sensible if the work is urgent or the relationship has deteriorated. A solicitor with property law experience can explain your options and advise whether a court application is worth pursuing. For general information on property rights and neighbour disputes, GOV.UK and Citizens Advice offer free guidance.
We were granted planning permission a few years ago for an extension both sides of our house.
We completed one side without any issues 2 years ago.
The next part of the extension was a small and on the other side of the house for a en-suite bathroom. As mentioned, the planning permission was granted with no issues- the neighbours did not object.
Since then, we have come to build the extension which actually is building on top of an existing part of our house.
However, because our house is up to the boundary line we need access granted from our neighbours for a few scaffolding poles. We will not need access to their land just scaffolding for a few weeks.
We asked for permission the end of last year as I have a chronic illness and the en-suite is now something I need. They refused and although it was frustrating it went no further.
Now four months later I am worse than I was, I now have a disability badge and I really need this en-suite for my chronic illness which is life long and incurable. An en-suite would truly improve the quality of my life.
But my neighbours are still refusing because it’s inconvenient for them having poles.
Is this something a court could overrule due to the disability?
I welcome any advice.
I am now suffering from damp on that extension wall again. Can I access my part of the property and some of his in order to move his material from my wall? How can I prevent him from placing it there again?
In June 2022 our neighbours wrote to tell us that they were erecting scaffolding in the disputed area to repair their garage roof. Our lawyer advised that we consent because we couldn't reasonably object, so we did.
The scaffolding has been in place for 18 months, and we are into our second winter. A year after it went up repairs were carried out as a DIY job, requiring simple caulking around the metal roof panel fasteners. The work involved working on top of the flat garage roof, and could have been accessed with ladders.
Our lawyers have written to them to tell them several times to tell them to remove the scaffolding but they just ignore the letters.
We called our own scaffolder to take it down, but when they arrived our neighbour climbed onto the scaffolding to prevent it from being removed. He produced a receipt to show that he purchased the scaffolding from the erector at the time that it went up.
Can a neighbour legally have scaffolding that he owns erected permanently to mark a boundary, having said that it was for repairs?
We fear that the scaffolding has become unsafe since it was first put up 18 months ago. Does he have a legal duty to have the scaffolding inspected from time to time?
Should I involve the police, and do they have a reason to take an interest?
We are a married couple in our seventies and find this all very upsetting. Is there any other course of action that we can take?
We own a parcel of land on a unadopted road, the land is accessible from the unadopted road and all the other sides have gardens! we have two or three fence panels that are boarding the unadopted road, at the moment we can park one or two cars on there but would have to shuffle them around to be able to get in & out, so we want to take the fence down so we can drive straight in & out onto the road. The problem is there’s a vehicle parked next to the fence, firstly the vehicle shouldn’t be parked there as vehicles need to get up and down the street, it’s also untaxed and no mot etc (private road) and we need to have access to our land to park our vehicles without having to shuffle the vehicles to get in and out so basically he’s blocking our ability to park on our land/drive, we also need to fell some trees and do work on the land, the vehicles not in working order either, my partners spoken to him but he doesn’t seem concerned.
I feel No 12, 14, 16, 18 have no right to contribute as that would lead them getting access to the Alley way on. And I do not want them included. This matter only pertains to No 4,6,8,10 properties and they outsiders.
Please help.
As part of the building process they have removed all of the hedge. There operations have meant that the ditch is now full of mud which has flowed from their land and needs cleaning out. They now have access to clean out the ditch from their side and I will ask them to do so. The site plan indicates that they will replace the hedge with a new hedge.
The issue is that I want to plant trees ideally close to the ditch which will prevent future cleaning of the ditch from my side.
Would this be an issue? and how should I inform them? or could i ask them to pipe the ditch?
The house immediately next to me is rented. I spoke with the tenant and the landlords son- who advised me he was in the process of taking over management of the property. He came and saw what the plan was and was happy for this to go ahead, as was tenant.
3 weeks into the work, the landlord has now stated they are not willing to grant access, we never informed them and that we a now liable for a list of damage I categorically deny: the garden was in an incredibly poor state, and I have paid for brand new fencing with no request of any contribution from the landlord.
No damage has occurred and boarding has been put down where the digger drove through. As already mentioned, the garden is in a state of disrepair, and is now mainly overgrown with dying plant, littered with broken fence panels and a dilapidated shed.
I’m very concerned that I have put myself in a position where the landlord can serve legal action against me? Please advise.
Thanks,
Joe
Do I have any legal recourse?
We have been living in the current address for over 12 years. With our previous neighbour, we had an agreement to access our garden for maintenance purposes only. There is a wall in my garden and a door to protect my garden. Access, to my garden, is through their less than 1ft land, which doesn't interrupt any of my neighbour's access or hinder their drive. About 4 years ago new people moved in and everything was going okay. Everything was fine until yesterday. When I was advised by the gardener that yesterday he turned up to do the grass cutting and tidy up the garden but he was sent by the neighbour saying that we have approached solicitors and you are now allowed to access the garden through here. Now the garden is a mess and turning into a jungle. We have never used that access for anything else but for a garden tidy up and grass cutting. Now they seem to make such a big deal. Knowing the scenario now does the Access to Neighbouring Land Act 1992 applies in this case and do I have the right to access my land through their less than 1ft land . Please advise. Your help much appreciated
What can I do? Who do I need to contact if he goes ahead and brings the builders in?
The private access land barely fits an ambulance down and wouldn’t fit a fire engine down at all due to a narrow turn. However a fire engine could use the access point the neighbour owns if they didn’t gate and lock this. Are these any easements allowed for emergency services access ? I worry that if there was an emergency (particularly a fire) there would be no help available.
firstly-let him in to our property to service the flue he put there without permission?
secondly-do we have to remove the fence and gate that was already there when we bought the house?
Thank you
Is this considered giving permission or not?
How do I go to court and how much would it cost?
The boundary between our houses is basically our garage wall, and a fence on our boundary where there is no wall.
Their house is about 10m from this boundary.
Our garage window looked over their garden and their was some hedging for privacy. For note, the neighbours house is a new house that Is being built between our house, and our old neighbours house (they got planning for the garden between the two).
The hedging has come out and they’re looking to put a large fence their side right next to our garage - which would be fine - if it didn’t cover a window.
I have plans for selling my property this year. Now as much as I want to help them I don’t want to change my house boundaries before I sell my property.
It looks like my neighbour is not happy with this and he stated he hat he might be raising a dispute at council.
I just wanted a suggestions on how I can proceed on this matter as I am not aware of any legal implications for myself and the future owners of the house.
Any advice is highly appropriated.
.Thats not a problem him coming in here.As I've let them on a number of occasions. But he has set a date .without disgusting it with me.Surely it must be when it is convenient for us to.please reply
The neighbour has put up a couple of sheds backing onto my property, and did not seek my permission to do so. I want to insulate the wall of my property from the outside, and asked the neighbour if I can have access to their garden to put up the insulation at the rear. However, my neighbour said because the external insulation would be around 3 inches thick, it would eat into his space.
I have no idea what my rights are. Can anyone shed any light on my legal rights?
Our House is one of these & as far as I know our next door neighbour appears to be the only person in the street to constantly use the side access for herself & any visitors. She never uses her front door ever ,her or her Son . !
So I have put up with this for some 20years ( she moved in after me & it is a Social Housing Property)
We have put a lock on the side gate ,she doesn’t lock it . She has a gate to her property that has multiple locks , so is nice & secure .
So that’s issue one . Our deeds state “ Access Owners & Tenants Only”
Issue Two,
We are now desperately wanting to add a rear single storey extension(,ideally with bifold door but in the real world it will be French / Patio Doors)
This extension would then be closer to the shared access path !
At present ,the space is a fenced & decked patio area outside our back door . That door would then be in effect directly in line ( not on ) with whoever is coming past . At times she has several people at all times of the day .
How do we deal with this . My Husband seems to think that once buildering starts she will have no choice but to use her front door .
The back of our property has a garden fence - behind the fence is a small garden and 2 detached flats. On the fence boudary, is a hazel tree which was not planted by either us or the neighbour who lives in the flat. It just grew from seed, that much we do know. The tree has become very tall and its branches very wide & spead - it has busted through our fence - and a stump at its base which we maintain reguarly so that we dont get more branches/off-shoots on our side, is equally casuing damage to the fence. The far end/corner of the fence has completely come away from the main fence rendering it useless so far as tresspassers or anyone with criminal intent is concerned.
2 years ago, we spoke to and invited the neighbour into the garden to show the extent of damage then. He advised he didn't want to cut the tree down but would cut back its high brances so that it was no longer bracing against/bursting through the fence. He was not to be trusted, as weeks passed and he did not carry out what he agreed to do. We cut a few branches back on occasion but the fence is still broken and the tree is getting bigger by the year. Leaf drop in the Autumn months, is a huge job - we have a drain directly beneath it and have no ideas what the roots of this tree are doing. In addition he often forces rubbish behind the fence which has added to its demise.
As the fence is in such a state, it has come to a point where we need to get a new fence for our garden - the back of course and a longer side. We have been advised that the tree could be cut back to the boundary and the stump on our side, ground away - the fence will have to be moved for this however and of course, to put in the new fence.
Should we approach the neighbour to pay for either the tree maintenance (he has NEVER ever maintained it) and or a partial payment for the new fence - as it is his tree that has broken it down over the years to its current state? Should we say that in order to protect/keep our property safe, we need to remove the tree so that a new fence can be erected? We are not sure how o proceed but know if we leave it much longer, the tree is going to cause further damage to our fence which is just about standing at present with all of its broken/cracked wooden slats. Basically, its on its last legs. As his flat is detached - there are paths on either side with x2 flimsy gates - which we think tresspassers could easily get through and then into our garden.
Has anyone had this type of situation to deal with? What did you do in the finnish? Any advice, tips,suggestions would be really helpful, thank you.
I have a ground floor flat with front and rear garden. Half house type. Im council.
The lady upstairs is leaseholder.
Where i live on a corner.
Upstairs has to walk out front gate along side of house to access her garden gate as she has the further garden.
The previous Tennant in my council flat used to let her come through his garden to gain access to her own garden.
Since iv moved inn , iv refused this because iv a dog and want my privacy and sequrity.
She has created with the council. Saying she wants access through my garden.
Now the council are suggesting to put a fence through my garden to make an alleyway to access her garn.
This will cut my garden in half which i disagree with. Iv spent money on paint a very long side fence and adding a trellis above the fence for sequrity. Iv also have a 6x4 shed which i will loose with all my tools. And a dog kennel.
This seems ridiculous as she must of excepted this walk around to access her garden when she bought the flat.
Now the council wa t to add an alleyway to her deeds. And cut my garden in half.
She is continually causing problems with me.
Can you please help.
We have out buildings at the bottom of our garden that back out onto a farmers field. Our neighbour has become chummy with the farmer. The farmer has allowed him a chunk of land to extend his garden. No one else has been given this privilege as all our houses back out onto this field. This neighbour as you must be aware by now, we don’t get on with. He has put his garden in front of our wall. He has dug out and exposed our foundations to our out buildings. He has taken it upon himself to paint our out building walls. He has drilled into and attached an electrical feed to our wall so he can have lights out in this field. He is abusive and aggressive and the police have been involved.. we are two elderly people who have now become frightened. We want to move, but with him doing all of this to our property does he have the right to adverse possession?
Now we bought our house in 1988. He bought his in 2014.
The point I’m making, we can’t do Maintenance to our walls, and is this going to be a problem if we put our house up for sale as you have to declare if you have problems with neighbours. This is becoming a major issue and very stressful as my husband has been diagnosed with a serious health problem. I’m obviously as the wife and carer trying to protect him, but also trying my best to protect our property.
I don’t mean to go on, and give a sob story. Is there anyone out there who can help us? Or, give us advice. Thank you for reading.
Is there anyway l can ask for their scaffolding down so l can get on with the work that needs to be done to my own property.
My 86 year old mother in law owns an end terrace. At the rear left hand side of the house, her wall backs onto another property. A mid terrace.
The young couple have installed oil central heating and the tank has been placed up to, but not touching the wall. They have also built a breezed block wall on two sides of the tank. Can we request them to move the oil tank to enable the wall to be rendered. As this is causing damp in the property.
This question was asked to the heating engineers when installing the tank and was witnessed by three people, but there may be a problem with the neighbors.
I have given them plenty of warning 14/11/2020. That the work will be carried out in the Spring of 2021. What are our rights?
As I cannot inspect our property can I demand that they remove their garden gate that is attached to our house?
Any advice would be appreciated
M.
I wish to put a gate at the front of the entry footpath as we had a breakin and the footpath was there way in, my nabour has said that no gate is going there on the land that I own.
Also there is a manhole drain on the footpath thats not on the deads is new and runs from his property.
What can I do about this?
I have a privet hedge growing across the back of my garden but it has been invaded by a plant called a Russian vile. It us very invasive and has to be kept under control.
About 11 years ago new neighbour moved into the house at the bottom of the garden and took the land of the alleyway as it was not used by anyone anymore.
As he is not keeping the vine under control it is filing my bush up with vine.
I did jump over a couple of months ago and cleaned it out but he objected because I didn't let him know or ask him for access.
The problemI have now is that he refuses me access to that side of the hedge.
Does he have a right to the land or more important does he have the right to refuse entry just to do work on the Russian vine to try to kill it off. ?
At the back of my property is a door leading outside to a small terrace area at the exact level, of my property and the size of it coincides with the walls on each side of m At the back of my property is a door leading outside to a small terrace area at the exact level, of my property and the size of it coincides with the walls on each side of my property. Above me is a neighbour who has a large garden up to which there are steps leading from this small terrace area directly outside mu property which is sunk down from his outside.
At some point, the gardens belonged to my property as it is an old cottage dating back about 200 years. About 40 years ago, the land was redeveloped and my neighbours property built above mine and the garden was allocated to that property. My neighbour claims that this small terrace is also his land and I have always believed him, but I am questioning this now especially as I have a door and windows from two rooms which open on to that area. It seems logical that that small outside space be mine and that everything above the steps is his. Also, I regularly need to go out there to clean windows and for general maintenance of my property including the roof. What kind of right of way do I have if he is correct the land is his?
Bella
this extension is very old and I have a site map provided in 1923 by the Land registry showing the garden wall and the extension exactly in the same place. I am very concerned that the roof is exposed and damage it will do and how it will be repaired, can anyone advise me
The right to block it or did we have a right of access alt all time
Tony
If I were to now think... Okay well fair play. You stick to yourself and I'll stick to mine. I'm fine with that. I'm not begging to be civil when there really should be no problem. The woman is in her 50s and therefore should have the maturity and empathy to have simply said "oh okay no problem" when I said I wasn't comfortable her being there. Instead, she stropped off and hadn't spoke to me since despite me saying good morning and making simple small talk.
If I were to put a little pop up fence, like a pet gate, to block off the entrance to my garden, and out it on the inside part of the planters, so it was only on my personal property, would this be allowed does anyone know?
Instead of terminating on his bargeboard where the old one was the engineer has located it 2/3 of the way up the boundary line only just on his wall.
It’s now much lower an crosses diagonally over our upstairs window .. it’s between 18” and 24” away from the window which has to open fully to be our top floor fire escape and so is now a hazard.
Before the wire was moved it was at least a metre above the window.
House is a typical 3 bed semi detached.
What can I do about this.
Neighbour is unwilling to call Openreach out to move it!
Do I have to allow access for him or the Gas Company to enter our garden
There isn't right of way or access mentioned in our deeds.
my property and causing damage to my trees. She is an attorney so she told me I could not trim
the overhanging limbs on my property. I know that I have to right to trim the branches but the problem
is, the tree surgeon will have to actually climb the tree in order to do that. He can actually place
a ladder on my side of the fence to access the tree, therefore never going onto her property.
My question is, does he have the legal right to actually climb the tree to get to branches, even though
the tree belongs to her?
Having failed to directly contacted the developer i took the estate agents word that i could remove the dangerous hawthorn hedge and maintain the lawn preventing the land from becoming over-run with rodents (we back onto farmland and i have already dealt with an infestation).
having sold the property next door (with the layaway land still owed by speculating developer) i have been issued with a trespass order and been instructed to pay damages of £500.
The boundary line is mine and the existing 4 foot wire fence was intwine in the hedgerow. I have cut down the hedge (roots still in place and growing). I have also been requested to erect a 6 foot fence.
The bush was never 6 foot and with a garden looking out onto country side, i do not wish to erect such a fence. I have also been asked if i object to them putting up a 6 foot fence (which i do)
Ultimately all i would like, is to replace the hedge in time and continue to keep the grass low preventing vermin.
could this act be my answer to being able to maintain a lawn ?
Thanks for the answer
their ladders to come to our side that was green with lots of birds and a squirrel.. Since they come over they
have stripped the green of of our branches so the leaves are yellow.
They keep coming over to make sure there’s no green coming in
Now the are stating on our trees and making them naked as well. They should not come over the net at all.
The wildlife is decreased has greatly
reduced from them. So they have
breached the 1981 Act of the wildlife
and country legislation of plants and
habitat loss. They are coming over
our side all the time , so they can do
there worse on our houses side strip
of land and leave it alone.
2 men in it. They in the night use lasers to access the people’s on my side. What they keep coming over to
take all the green off of our branches
and making all of them yellow .
They keep doing this to make sure there is no green.They are still doing
it and they are starting on the tree
So we have naked branches and
yellow leaves. This is a wild life crime
of 1981, the habitat and plant crime of the Act. The wildlife has declined because of their actions
ive loose slates and water damage to my bedroom(detached house) and need to get this done to maintain integrity of the property and to stop rainwater entering!.
we are pensioners and its a worry we can do without.regards
ive loose slates and water damage to my bedroom(detached house) and need to get this done to maintain integrity of the property and to stop rainwater entering!.
we are pensioners and its a worry we can do without.regards
This morning we were told by our next door neighbour in his text we needed to ASK (he used capital letters) him each time we wanted access. He threatened to replace the gate with a permanent fence to stop our access if we do not ASK him.
1) Aside from neighbourliness and courtesy, if we have the right of way/access, do we need to ASK him each time we needed access?
Asking implies he may refuse permission which he cannot.
2) The next door neighbour's shrubs and trees now block light from coming into our gable end windows (into lounge on ground floor & into bedroom on the top floor).
what are our rights?
Thank you.
What I would like to know is what is our rights and is there anything we can do to make then take this tree out.
,
the gutters (in disrepair) and new, soffits and rendering on the boundary wall need doing and the neighbour is not allowing access from his side to carry this out . What are our rights?
My garage is under the freehold of my house
The HA wish to charge me for a key to access my garage
Can they do this
When you come in my gate at the back there is a mono blocked path which i fitted in 2005 also there is a boundray wall leading right up the left hand side of my path abd on the other side is my neighbours back door where she gets out to her patio etc .
There is a clause in all 4 flats deeds saying which entrance is ours to our house and all the other paths & gated entrances within the whole property of 4 flats have the right to access & igress to all other pathways & gated entrances ONLY for the purpose of maintaing the owners property where the maintenance work thats need done cannot be reached from their own part of the building .
But my down stairs neighbour and her boyfriend are using my gate every single day S her majn entrance just so she can get to her back door easier and doesnt have to walk far . Laziness - her dog has bit me when we passed on my path & ive had threats from her And her boyfriend.
I pay for all the up keep and maintenace of my mono blocked pathway & gated entrance but she tells me she can use it every day if she likes As its shatred??
There are no such words on any of the 4 flats seeds to say this path and gate leading from my flat is shared access this is my only way out and into my flat ,
Please advise
It’s a tall gable wall pebbledashed and built right on boundary ( we built that house in 89 and sold to him 15 yrs ago ) our caravan sits inches from the gable ! We have told him ...in no uncertain terms that due to his attitude he is not getting any access to our land . It is likely his foundations will also undermine our mono bloc drive . We are going to build fence along the boundary as we will have no security when/if he down takes . ..if he tries to demolish he will undoubtedly damage our caravan due to falling debris ...he expects us to put our new caravan out on the busy street !
My neighbor has refused to give me access. He is citing that his garden was damaged during the build when the plasterers had access to his garden. This is a false accusation, no trees or plants were damaged by the builders. After asking repeatedly in writing to give me access he has cited the neighborhood act and wants 1500 to give me access for emotional distress. It sounds a lot like blackmail to me.
This will prevent me from opening my garden gates or garage where I park my cars, being able to take my bins out or more importantly allow access for the removal trucks coming in August when I move home!
Do I have any legal right to have them defer the works until I have completed my house sale or to be able to access my own property?
We have a stone wall separating us which belongs to them Now they are saying that the willow tree is damaging their wall and they expect us to repair the wall. The willow tree trunk is about 2 feet away- there are no obvious roots pushing the wall and they have already cut the tree in half- so there are no overhanging branches. Where do we stand legally. Please advice.
Our neighbours in our house (7 flats) say that the party wall is for us to pay as it was agreed by a vote at a shareholder meeting but has not been incorporated into the schedules of the leases nor communicated during the conveyance. Do the schedules of the lease stand and should we insist that the neighbour repairs the wall damaged by her shrubs and raised areas that are built tight up to the party wall when a 50mm expansion joint should have been used between the earth and party wall. The way in which the brick patio is laid right up to the wall is surely evidence of their negligence? Can we claim on their insurance policy for buildings insurance?
this wall backs onto a set of 12 council rented garages and if falls down could be very dangerous
does the council have the responsibility to repair and rebuild this wall or is it my responsibility to make good the wall which was built on my perimeter when originally built in 1966
thank you
We moved into a property 4 years ago that had an pre existing extension at the rear of the property that extended beyond the original slope of the roof into the airspace.
The roof on this extension has been found to be unfit for purpose as the slope is too flat for the current slate roof to prevent water coming into the property. The roof now needs replaced (fibreglass). We are the top floor of a two story tenement with a commercial property below.
They dispute they have any liability for shared costs for the new roof and are quoting 'any extension that serves only one flat' from the Tenement Management Scheme. I am struggling for a clear definition of this.
Of course this roof still covers the commercial property so who has liability here?
Thanks
How do I stand on replacing my facia on the side of the house my neighbours will be difficult before I even ask as they wouldn’t let me when I had an extension . But during this week with the high winds came home today to find half had blown off so this needs replacing ASAP
I am a council tenant and some garages next to me want to be demolished so they can correct affordable housing.
The problem is they want to put 1.8metres of scaffolding in my garden for the duration of the demolishion and build. I have refused this as it will be during the summer months when I will be using my garden. Not only that I suffer with anxiety and the thought of this is unsettling.
Please can you advise me where I stand
Although you don't have to ask permission (especially now re-previous posting) to go onto a neighbour's land to maintain your own property it is still a courtesy to do so and if a refusal then they have breached the 2014 amended Anti-Social Behaviour Act, so then inform the police of their ant-social behaviour and your intention in respect of the 1992 Access to Neighboring Land Act to allow you to maintain your own adjacent property.
We have made requests to gain access to the wall (to maintain and check for signs of rats!! as they are a massive problem) but the gap is less than a foot and that's at its widest and all emails have gone unanswered.
The previous owner of the property is elderly and suffers with mental health issues, she says she raised concerns at the time but only verbally and was fobbed off.. I've fired off so many emails I feel like i'm going in circles and the rat issue is only getting worse, even with pest control in place.. What can we do?
My neighbour is claiming adverse possession of part of my land. That case will have to go the Land Tribunal it seems. Second problem is that the same neighbour has placed rocks across a "ransom strip" which runs along my existing gateway. I am considering a temporary means of vehicle entry via Access to Neighbouring Land Act 1992. Can anyone point me towards the correct County Court form please?
I am getting very angry with the disruption they do not care at all,the gate opens outward and was moved 2 meters from original situation, I can no longer park as it will hit my car is what she is doing legal ?
What can I do?
But their electric box is in there house but on my side of the garden so they have to get in to out electric on...
Is their anything I can do as I've just paid out to have garden etc done an don't want these people having access all the time.
Especially as I don't know them
I own a flat which is flying freehold (it is a freehold 3 floor flat above a vacant commercial property which is owned by a third party).
The mains water supply pipe to my property has a burst in it and is concealed within a wall within the commercial property, which is causing my flat to have lost water pressure and there is no hot water and little cold water being delivered to my flat.
The pipe is a shared pipe but it only appears to serve me as the burst appears to be after it is delivered to the vacant shop.
The shop owner will not fix the pipe and will not allow workmen on my behalf to access his shop to fix the pipe (he says he is concerned about remediation of the wall).
This has been going on some months and I am in Australia (the house is in the UK) so its very difficult to coordinate. There is a game of cat and mouse with the water company isolating the shared water and then someone else turning it back on. The water is leaking into and outside the shop
I also believe the pipe in his shop is in breach of the water supply act 1999 as it is inaccessible within the wall (even if he did grant me access which he doesn’t) the water company have advised it is my responsibility to fix this pipe.
The leak is also flooding into the shop next door.
Does anyone know a good solicitor who deals with water supply regulations or can assist to get an order for a builder to access and repair this or does anyone have any other advice which may be useful?
I have already involved the local council but they are not empowered under any of their said legislation.
Any help is very much appreciated.
Many Thanks
Liam
Do I have any rights at all? Why can my neighbour do whatever he pleases when a PW Award was signed, supposedly with legal obligations in it?
Any advice welcome, thanks.
I have a single-skin, brick wall separating mine and my neighbour's front garden. The owner of the house next door has raised the level of his garden by about 8 inches, and it is putting pressure on the wall in-between. The wall has moved noticeably since I moved into the property around one year ago, and is bowing out along the bottom at the same level as the ground on the other side. It is set to fall down at some point soon, and is a bit of a hazard.
Now, the wall belongs to me, but the damage is clearly not my fault. I've contacted the owner (who rents the property, and does not actually live there), and his response was that as it is not his wall, it is not his responsibility. Do you have any idea about where I stand with this? Thanks.
This is now going to cause problems for the roofers unless the scaffold company can do a bridge high up which will double the cost of my scaffolding. What are my rights in this case
It is a small strip of wasteland, was piled high with rubbish which we had to clear and dispose of before we could even start work.
After being upset by the upheavel of building works that we’re carrying out, our neighbour has written to us to withdraw the permission for access on the strip of land with just 7 days notice, even though we are only 6 weeks into our 10 week project.
This leaves us in a very difficult position. Being a terraced house we have no other way to bring materials in or to take out waste materials.
Please can you give advice, what options are available to us for retaining continued access until the end of the project?
This is Abbas from DC. Sir I wana get an advice regarding non-cooperation of my neighbor. Problem is that water is coming into my basement from neighbor's house. She isn't giving us access to her house. Where should we file a complaint against her ? Your response wil be highly appreciated. Thanks
This was in March no further contact other than letter from council to say the plans had been approved and that it was the responsibility of the neighbour to arrange / negotiate access. On Saturday they told me I would not be able to park in my drive for 12 weeks as they need access for a digger and build supplies. I checked deeds access is via “footpath” so have informed them I am not moving my car and they wanted to knock down my fence and gate - informed them this would be criminal damage as no permission to do this. Neighbours from hell! Anybody with a brain would have negotiated access at the planning stage I am not unreasonable but they are taking liberties!
My question is there a time limit to grant such above requests. If the work is urgent we will do our best to grant immediate access but it is not.
Your advice would be highly appreciated.
Yours sincerely
We would like to access our wall for maintenance of the wall, guttering and roof
My neighbour says no and says she will do it herself
Do we have any rights?
Thanks
We have no access to the rear of our property without the cooperation of our neighbour to the rear. Unfortunately the neighbour refuses to cut back the tree that is touching our house. The neighbour is unhappy that our house was refurbuished and extended despite the fact that all works were in accordance with planning laws and building control and have been fully signed off. What options do i have to get the branches cut back? I contacted the local council and they have informed me that it is not a council matter but a private issue between neighbours. Any advice would be overmuch appreciated.
Thanks
Dok
Also do they have the right to stop and linger to talk to neighbours on the footpath. The actual title register does not indicate who is responsible for maintaining the path. One neighbour does nothing and only makes demands to me.
I would really appreciate your help! My neighbour asked permission to cut back branches on his property which I happily gave and always do, I have also hired a gardener in the past to cut it back at his request. My tenants returned home and he had cut down a bay leaf tree and another tree without permission. I am very upset about this.
The police are coming on Tuesday to discuss and see the damage but what are my rights and can my neighbour be charged e.g. criminal damage (I have ongoing battles with his grown up children-throwing dirty nappies over my fence etc and this is the last straw).
I am a leaseholder/home owner and they are council tenants so I will also inform the council also but any advice of how to escalate this would be really useful to explore with the law and the council.
I will be travelling again in August and need to know how far I can take this.
Appreciate any advice you can provide- I am at my wits end.
Where the court is satisfied on an application under this section that it is reasonably necessary to carry out any basic preservation works to the dominant land, those works shall be taken for the purposes of this Act to be reasonably necessary for the preservation of the land; and in this subsection “basic preservation works” means any of the following, that is to say:
(a)the maintenance, repair or renewal of any part of a building or other structure comprised in, or situate on, the dominant land;
(b)the clearance, repair or renewal of any drain, sewer, pipe or cable so comprised or situate;
(c)the treatment, cutting back, felling, removal or replacement of any hedge, tree, shrub or other growing thing which is so comprised and which is, or is in danger of becoming, damaged, diseased, dangerous, insecurely rooted or dead;
(d)the filling in, or clearance, of any ditch so comprised;but this subsection is without prejudice to the generality of the works which may, apart from it, be regarded by the court as reasonably necessary for the preservation of any land.
(5)If the court considers it fair and reasonable in all the circumstances of the case, works may be regarded for the purposes of this Act as being reasonably necessary for the preservation of any land (or, for the purposes of subsection (4) above, as being basic preservation works which it is reasonably necessary to carry out to any land) notwithstanding that the works incidentally involve
(a)the making of some alteration, adjustment or improvement to the land, or
(b)the demolition of the whole or any part of a building or structure comprised in or situate upon the land.
On our seeds we have shared guttering and drainage rights, our neighbour has had a extension built and disconnected the guttering in between us and attached a downpipe on to our guttering without consulting us first and its on our neighbours side ?
Do I go see a solicitor we didn't this downpipe it's poorly done plus the water is just pouring down the party wall it has no where to go!!
Our property is end terraced and neighbours on right side have bin access through our back garden. How do we find out how long it is g for? We need to extend the property but we aren't sure what will happen?
He refuses to allow my tradesmen access to repair the roof and now that he realises how much I need to repair the roof he has 'upped the ante' by cementing in concrete posts at the entrance to the car park so that a builders van cannot get through.
I fear that going to court to try to get access under the 1992 act will make him go even further by building a brick wall across the entrance.
I have offered a bond as a deposit to repair any damage and remove any rubbish from his land but he just does anything he can to ensure I can't access my property at the rear to maintain and repair it. Any advice as to how I should approach this please?
Environmental Protection Act - the council has powers to enter the property and order the work to put right any damage and subsequently charge the home owner. Nuisance must be sufficiently "severe" such as extreme dampness
Building Act of 1984 - you can apply for a court order for damages and an order to put the building into good repair as long as you can prove the nuisance.
Planning Regulations - can be used by councils to improve an unsightly property (but these powers are rarely used)
Party Wall Act- you can issue a repair notice again your neighbour if the party wall is in disrepair.
Arbitration is used to resolve disputes using surveyors appointed by each party.
We had a recent boundary survey conducted and the surveyor stated in his report that this right of way is largely superceded by the enactment of the Access to Neighbouring Land Act 1992. Does this mean the right of way is null and void? What action can I take?
This situation has continued now for years. I am most concerned for the health and safety, due to the health implications of the damp there. Furthermore, we waste time and money re-decorating - just for the wall to become wet again, and
the value of both properties is being compromised.
Having made strenuous efforts over the years to make contact with the owners, we have now drawn a blank. The council are unable to give us her details (data protection) or to intervene, as the Council Tax continues to be paid. I have been in
touch with a number of people at the Council, one of whom inspected the house from the outside, contacted the owner and got an undertaking that she would decorate and improve externally by the end of this April. This is, however, advisory and not legally enforceable - and gives no guarantee of work being done inside - but they must now be aware that there is an issue. I put a letter through her door explaining the situation and asking for help. Additionally, I have pinned a copy on the
letter on the front door. It is now the end of April - Nothing has happened - the letter is still on the door, so no-one has been there.
Can you offer any advice as to the next step, as we must now take this further. I have been told that we are able to get police permission to gain entry? I would be granulate for any advice.
The back wall of our neighbours house is on the boundary of our garden and we have always granted access as and when required for repairs and work to the house. The neighbour recently requested access for 'work on the roof' for workmen who were installing a new wood burning stove. We returned home on the day that the work was carried out to find a brand new, very shiny, approx 10ft high chimney protruding from the said wall and overhanging our garden. Do we have any rights to challenge this? Additionally, the workmen not only trampled the garden and destroyed a flower bed, the also entered our conservatory and plugged in their tools.
New people have bought the neighbouring house, and they are asking me to pay £1,250 per year for a licence for continued access. Can they do this and should I pay?Can they keep increasing it each year if they want to? Advice Please!
Thank you in advance!
We have a detached house with a narrow, unused gap between our neighbours. We have discovered that the roof of our house is leaking and allowing water into the house damaging the roof soffits and allowing dampness into two bedrooms. I have advise the neighbours in writing of the urgent problem we have and that we have managed to obtain a builder to repair it 'sometime soon' within the next week depending upon weather etc. but the neighbours are advising that the builder needs to ask them for access permission when he arrives if they are available. Unfortunately, they have previously already refused other tradesmen access to this area and I'm concerned that they will do the same again. My Land Registration Title Deed dated December 1992 indicates that there is the 'right to access adjacent properties for the purpose of maintaining and repairing of boundary structure or any buildings on the plots near to the boundary' but goes on to state re drains pipes, wires, cables and watercourses? Does this Title Deed Schedule cover our house as a 'building' or just access to underground drains etc.?
I am wondering if I could ask some advice.
We have right of access through our neighbours land and they are now requesting that we pay for maitenance of this land - we drive over it and the stones need relaying.
I think to keep the peace we will pay, however just wondering what the legal obligation is to do so?
Many thanks
The long lane to my house (my lane) is overhung by my neighbours mature large ash trees, I have asked him to trim them back as the oil tanker struggles to deliver to my tank. They also have increased the formation of dense moss on lane, which I increasingly have to clear. He says he cant afford a tree surgeon (it needs a professional) but that I am welcome to trim them. Why should I have to pay?
Looking for some advice please. We are currently in dispute with our neighbour over our boundary. To cut a very long story short, our neighbour now accepts that the boundary and the wall (which is falling down and needs urgent repair) is his but is now requesting that our garage roof which is supported by the boundary wall is taken off his wall. Can he do this? The houses were built 20 or so years ago. Many thanks in advance.
Our property deeds state "the right to erect buildings (to include walls & fences)on the property and the right of support from such adjoining land and the right to have he foundations eaves roofs chimneys, gutters etc and other projections from these buildings overhanging or lying under the said land together with full rights to enter thereon at all reasonable times and upon giving reasonable notice for the purposes of erecting these buildings etc." We purchased our property in 1990 new with these deeds from the original builder. Next door did not move in until 2001.
They will be building tight up to our boundary so I inderstand as a minimum they need a party wall agreement. Ideally I would like to be able to say I don't have to allow them access (not that I intend to do that) as they have been the proverbial pain in the backside !
What rights do my neighbours have to access our land to carry out this work (?) as it will have a considerable disruptive effect for a considerable of time. We do not wish to give any builders access via the passageway (ours) between the house as we always keep our side gate locked for obvious security reasons. We understand that the Neighbouring Land Act only permits access for maintenance to existing dwellings. If there is anything in our property deeds (we purchased the property in 1990) granting our neighbours access for extension build, do we have to grant them access ?
Thank you in advance
We have been goven planning permission for a loft conversion with dormer on an end of terrace house but as part of it we need to refelt and retile the roof. We need to erect scaffolding in to our neighbours front and back garden and know she will say no as we have had issues with her previously when we built a wall and put new fencing in thw garden. What rights do we have if its for essential maintenance? The roof is 60 years old and has to be replaced...
Can anyone help or tell me how to word it to her.
The cost of fixing this is around £500. It just requires a gravel drainage border to be placed between the driveway and our wall.
I have asked my neighbour nicely to have this done but he refuses. I have then asked him if I can have it done (and pay for it myself) but he refuses this also. He has no interest whatsover in helping us and just refuses to recognise that the problem is anything to do with his driveway even through I have shown him pictures and provided more than enough evidence.
I want to avoid legal action if at all possible, particularly as it would only cost £500 to just resolve. Do I have any other possible enforcement measures please?
We are in the process if buying a detached house with the external wall on the neighbours boundary. On survey of the property the neighbours have watched a fence (drilled ) into our wall. They have also built garden steps past our damp course. So the external wall is experiencing damp.
What are our rights once we own the property. Can we ask them to remove the fence to stop the damp and ask ask them to remove the steps? When we move in that wall is the kitchen wall so when we update the property we will need to have an extractor fan coming from that wall. So would that be existing repair or new work?
Thanks
I live on the end of a 3 new-build terrace, built March 2015, with a private access path separating the driveway and garages.
My garage is closest to our house, so the neighbours would have to install cables across our property (whether up the drain pipe or under the fascia boards) in order to get electricity to their garage.
We do not want them to do this - so can we can say 'No', and not have any come backs (legally) as we fear about sell on value, responsibility & maintenance etc.
Many thanks!
Can a deed be reversed if there is another access to the property. My neighbour has objected to use the other access.
Thank you in advance.
I am trying to put last section of the fence up. I can do the job from my side but it means taking of old wood only fence. The fence was flooded for months by our neighbour drains by sewage water. After Env.Agency got involved it took few weeks and the owner came from France to fox the drains. Sadly the bottom of the fence (5 sections of 6) has been submerged for nearly 8 months and it is rotten and smells badly.
I got small kids (youngest is 2.2.5years old and he will start playing in the garden soon when the weather improves.
As the fence is hanging and tilting as well as brambles are leaning over from my neighbour's house I wanted to remove the brambles and fence and put a new, concrete posts and panels fence so it will be clear of the dump and easy to replace in the future. The problem is that this is the only part of our 3 side fence which does not belong to us. The neighbour has her own problems ( social services took her kids) and she blames the world for it (including our family as we did ring police when at 1am fights were still continuing on the other side of our walls).
I would prefer to speak to her and explain that she will be happy with a brand new fence for free but she does not want to speak to us and tries to turn the other way if we try to approach her on our street.
Is there no way to make our house safe for our kids?
How can we go about this?
I don't have any info who owns the house. She is renting and the council pays all her bills as she is no working since we moved in 2 years ago.
Any help would be gratly appreciated.
Peter
I asked around and found out it was the council who had entered my land (bought house) and started work on a drain as they thought it "may" be blocked, it wasn't and they were there for over an hour. I wasn't aware of any prior issues but have since found out the neighbour (council house) has had blocked drains, no word of contact from them or any attempt by the council to notify me or get permission to enter my garden and do work.
My issue is lack of communication and permission sought by the council, I queried them and it was a hey ho it's for your benefit attitude. What are my rights here? as it wasn't an emergency situation and not happy about a stranger working in my garden without my knowledge, luckily my dog was out with me that day!
Now I'm getting 'polite threats of prosecution' on my windscreen when I park in my little off road slot.
My question is, can they enforce no parking, even when it's 12 inch overhang? It's quite rural where we live and there is no where else to park for nearly a mile
So We went through all the routes to get them to remove the extension. We now need to get access to repair the side of the house, so we went to court today but the neighbours are saying they won't allow us access unless We sign something to say that are not responsible for the damage which we cannot do as the insurance company is going to sue them for damages . The judge then insisted that we have to sue the neighbours and we told them the insurance company have paid us some money and they will recover it back , but the judge still insisted it didn't work like that and we had to personally due them for the money. So after a day at court we cannot still get the house mended because we cannot get access unless we show a breakdown of what we will sue them for !
Now when I put the question to him that I wanted a gate put back in the back fence do I could have access he told me it was his right of way. I reminded him that he was incorrect as it is on the deeds that it is a shared entrance. He then agreed to put the fence back in so I could have my access back. This is now 5 months later and he is asking me for the proof from my deeds as his solicitor needs them before he can put a fence in as he is now thinking of selling his house! Can I not just open the fence up myself? Please can someone advise
Thanks
Our neighbour granted full access to their land for our extesnjon build. We are 3/4 done and they have withdrawn access accusing us of building on their land. We have had planning enforcement confirm there's no breach and a full impartial land survey report again showing we are within the boundary. Our neighbour won't accept any of this and want us to take the extension down. We need access to finish the roof at the boundary side. Meanwhile our house isn't fully wind and water tight. We are unable to live there and are in temp accommodation with our baby. We've tried speaking to them but they seem fixed on us pulling down what we have built as they think it's ugly. Even their lawyer has suggested they give us access. We live in a conservation areas and everyone had the right to object. We had no objections and have spent a lot of money and time making sure it's in keeping with the heritage of the area. Do we have any right to enter their land to finish given that they happily granted it in the first place? Thanks
In order to replace it we need access onto our neighbours drive to erect scaffolding to get the job done. They are refusing us access, is there anything we can do?
I live in a very old terraced street, most properties are L shaped so have private unseen court yards to the rear. I have lived here for many years and have always known the next door neighbour has large lean-to sheds in her yard. I now have damp problems inside my house corresponding to the top roof line of her sheds and makes me realise the sheds have been actually physically attached to the outside wall of my house. The sheds are very old and built before me or my neighbours purchased our properties.
Historically the 9” brick wall of my house, (no cavity), would have been an unhindered outside wall to the neighbours side and definitely not a party wall.
Has whoever built these lean-to sheds trespassed on my property by attaching the top roof line directly to my house. I don’t know what to do, the neighbour is old and she thinks any walls inside her sheds including my wall to the top of her sheds is hers! Can anyone tell me the legality of this situation? Can I ask her to remove anything previous owners have attached to my outside wall?
I wanted to be able to vere to the left of wall and reverse in but because the neighbour is parking a car there I am unable it is also making it awkward for deliveries as larger vaans have to reverse straight back which neighbour complains they are on his land I believe that although the land belongs to him it is access land Am I wrong
My covenant gives us right to pass and repass at all times to access our property Any delivery driver who come in front way have no means of reversing out except straight in to the access path which the neigbour is adament its his land and we have no rights Surely the fact that we built a wall does not take away our rights which the neighbour seems to think
We are currently in dispute with our neighbours regarding their properties. The neighbours have 2 bungalows than run adjacent to our back garden. They run along the boundary line and have fallen into disrepair due to the building materials used causing it to slowly collapse. They need to access our land to be able to rebuild/fix the problem this means that they have to erect a scaffolding which encroaches onto my property by 1.2 metres and is to be fenced off as they need to dig down to replace the external wall. The orignial timescale was 4 weeks and this has now changed and will take 8 weeks and take up a considerable amount of my garden.
We have been in talks with a surveyor as we refused to offer them access as they provided no timescales or planning for the repair. We have tried to come to a compensation fee for the inconvenience. But they are adamant that they wish to gain access to the courts as it would be cheaper for them to do so. They offered us £500
Can anybody give me any further advice on this matter? As i am struggling to find any answers. Both the Neighbouring Land Act and the Party Wall Act both specify compensation if it will cause inconvenience or any hardship?
Regards
I have a shared access drive with my neighbour that allows us access to our garages at rear of properties.
The deeds stipulate that we each own half the shared access - split right down the middle.
I have a ROW over my neighbours land and my neighbour has a ROW over mine.
With out any notification or consent my neighbour has constructed a concrete plinth the full length of his side of the drive.
He blocked my access for ten days during construction to my front parking hardstanding accessed via the shared drive.
On completion of the concrete construction to share drive - I started to use my hardstanding front of house via the shared drive access again. Over the course of some weeks my exhaust was damaged by an 8" pothole the neighbour's concreting has created and I can no longer use my hardstanding front of house parking facility.
The concrete has raised my neighbour's side of the drive by 10" in some places along the length of the drive.
My mother dropped me off one day and pulled onto the shared drive with her car.
She got out to say goodbye and fell down the pot hole hurting her knee.
It is my understanding that the neighbour had to ask for permission under the neighbouring land act.
He did not ask permission.
If he had asked I would not have given consent - if when I viewed his plans - it was clear there would be a huge pothole and the shared access drive would no longer be level.
We have approached the council who've said there is nothing wrong with this construction!
This is clearly incorrect. An access order should have been applied for by my neighbour from the county court.
Please advise.
Thank you!
What course of action should she take?
Kind Regards
Leona
My son has a terrible leak in his bathroom which (after 4 weeks) has finally been diagnosed as a concealed leak ( it must be a convealed one as there's nothing visible) in the flat above.
The owner refuses to call out an emergency plumber.
My son has lost a lot of bathroom ceiling.
Help
For god's sake
Help
Or is it the owners of the parking spaces.
I do know that they were trimmed by previous owners in the past.
(b)who needs, but does not have, the consent of some other person to that entry,may make an application to the court for an order under this section (“an access order”) against that other person.
(2)On an application under this section, the court shall make an access order if, and only if, it is satisfied—
(a)that the works are reasonably necessary for the preservation of the whole or any part of the dominant land; and
(b)that they cannot be carried out, or would be substantially more difficult to carry out, without entry upon the servient land;
She is under the impression that as I am only a renter she doesn't have to get my permission to enter the garden and that contact my landlord over a month ago is enough for her to just walk into the garden
Is this true or can I tell her to leave if she doesn't inform me of her intention to have access
Thanks for any advice
Thanks. Leah.
I have just put my house up on the market and part of the description is off road parking. We live in a flat, the lower flat part of 4 in a block. We had no parking when we moved in and so decided to half our back garden and create a space for the cars to go. My upstairs neighbout has disputed this saying that the shared driveway is only shared so far and then the rest is hers. She is apparently planning on putting up a gate only allowing access to our drive from a pedestrian gate. So we wouldn't be able to park the cars there. My neighbour is a nightmare and I really don't know what to do with this. Why didn't she mention this when we were converting the garden to a drive? On the title deeds it does say pedestrian access so I don't think we are going to be able to continue using the description on the property with a drive. Is there any way we would be granted access for a car?
I need to apply to a court for access to neighbours property to carry out essential maintenance to our roof.
Where can I get a copy of the form to apply to court.
Many thanks
Mikey
I live in a Mews development and the front of my property faces into the Mews., When I bought my home the land at the rear of my house was just a narrow strip of land alongside an access road but my neighbour bought the land without my knowledge and made it into a garden behind both of the houses.
I have previously accessed the rear of my property to repair/paint a window already in place and overlooking her garden with permission but want to put another similar window on the same wall alongside that to make the room lighter. The neighbours are now refusing access for that purpose, where do I stand on this please? I have checked and do not need planning permission or building regs. and access will only really be needed to install and make the window weathertight etc.
Thanks
The college closed and houses are now being built on the land; I recently found out from the builder that a fence is to be erected for the newly created gardens, but it will be placed as close to the cabin rear wall as is physically possible. This will prevent any access for maintenance, even from our new neighbours gardens.
Is there any way to to get the builder to leave a maintenance access space between the new fence and our cabin wall?
Any advice would be greatly appreciated.
OUR FRONT GARDEN WALL IS THE ORIGINAL 1926 BRICK WALL. MY NEIGHBOURS WALL ADJOINING IT WAS BUILT 30 YEARS AGO. THE DIVISION IS PERFECTLY CLEAR. ACTING ON THE 'OPINION' OF HIS ARCHITECT WHICH HAS BEEN REFUTED BY THE SURVEYOR I'VE HIRED AND MY SOLICITOR, MY NEIGHBOUR HAS PUT A PLANK OF WOOD 'DIVIDING' OUR FRONT GARDEN FROM THE FRONT WALL TO THE END OF THE FRONT GARDEN BUT THE PLANK IS 10" INSIDE MY SIDE OF THE BRICK DIVISION. HE HAS DONE THIS WITHOUT ANY LEGAL DOCUMENT OR COURT ORDER. HAS HE ACTED UNLAWFUL AND HAVE I THE LEGAL RIGHT TO REMOVE IT. HELP PLEASE!
About 3 feet, and has damaged my fence and roots are pulling out my post can i charge for my fence to be refixed back to my boundry.
The trees don't touch my property they just overhang the garden
They are now erecting a 6' high fence with large wooden double gates and a wooden side gate, right across the centre of the old pub car park and intend to put the side gate post next to our back wall.
This will mean that our property will effectively be within in the confines of their enclosed grounds including my kitchen window. It will also mean that we will be unable to do general maintenance on our property, such as painting the wall, cleaning the windows upstairs and down. Clearing out gutters etc etc.
We can't believe that this is acceptable to anyone, and nor do we think it is legal.
Can anyone advise us on what our position is about this please.
Thanks in advance
Are we entitled to refuse permission for the scaffolding to go up on our land? Or can we suggest an alternative date where the garden would not used as extensively?
Thanks for your help.
Our neighbours tell us they have rights of access. They've been using it to come and go as they please, slamming the gate and it being respectful of our property. We've since padlocked it.
We also have our washing line in the entry - they've dragged their push bikes through knocking washing off our line and not picking it up.
They've now written in chalk, on our house wall - "lift up your washing line!".
What can we do from here?
In our opinion, the access rights should only be in emergencies and not for everyday use.
I have called council they can't healp me because is private land. I called antisocial behaviour they can't healp,they said same is private land. What I can do?
We are having our windows installed.
Don't need access to neighbours land for the scaffolding, one of the planks at the top windows (2nd floor) extends slightly across the fence boundary.
Can the neighbours object?
It's going up today and will be down on Tuesday.
Thanks,
Colin
My neighbour’s planning application to local council for an extension and other external works was successful despite my objection raised.
To enable him to do this works, he will need access to my property which would my alleyway to the back garden and the back garden itself.
The question I have is that do I have to grant him this access i.e. can I refuse?
I would be grateful if some could help me understand my legal position on this.
Thanks
The only possible way he can put scaffolding up (for the window and other works) would be on my land, through my side access gate, which leads to my back garden. Does the law say I have to grant access?
The owner employed rogue traders who have since left. However, they have left the neighbouring property in a complete and unfinished mess. So much so, it has caused damage to our property with water ingress into 2 x rooms in our property.
Almost 2 x years on, I have had a call today from the owner to whom I have never met, advising that he was sending scaffolders around to assess the damage to his property.
I have refused and asked him to put his request in writing. The owner has never compensated me for any damage which is over £3,000.
I am considering requesting he obtain an access order, but am further inclined to take the legal route, but am fearful of the costs it may involve, even when all that has happened is his fault.
Any recommendations would be welcome.
Thanks
The surveyor told me that is vital to get the render removed ASAP and then correctly re-rendered with a lime based render.
The wall in question borders on my neighbour's drive and scaffolding would take up about 30" of that drive, but still allow access for her car.
Would I have a right of access to repair my wall?
New neighbours have moved in next door, there garden is smaller than mum's .
In September of last year they informed mum they had bought the piece of land that mum's gate leads on to.
Does she have any rights with the gate being there for more than 10 years??
I do not trust them at all from past experience, therefore, I have asked them to sign an indemnity letter as roofers have to go through my house to access the rear part and also go on my roof.
They have refused to sign my indemnity letter. If they take this to the courts will I have to pay legal costs ?
We stay in a lower villa property in Edinburgh and our upstairs neighbours have also mislead us into sharing costs of cutting a boundary hedge in the past... which is on their property!
These plus other issues has lead to my question which would otherwise have appeared futile and unreasonable. Are we able to stop window cleaners entering our garden to clean their windows without our permission, as we have had heated discussion with the company who said that the law is on their side. I would not classify window cleaning as repairs or maintenance to am keen to get this clarified?
The neighbour has never approached us and I am trying but failing to contact the scaffold company. Where do I stand legally with this as it is preventing me opening a window in my sons room and potentially causing damage to the UPVC.
Many thanks
the door entry system is wooden and always getting broken by unwanted guests to gain access.
How can I and the neighbours get the council to put a metal door system installed
Debbie
Is there anything I can do? Aside from buy industrial ear plugs?
We even allowed them to put scaffolding up blocking some of our pathway to our garden, they promised it would only be for three weeks, turned out to be up for three months and got in the way of our own work by blocking our access.
Further to these works they have damaged our steps, broken concrete in the alley, knocked down a wall which believe was ours, and left a mess everywhere, which despite promising to do so they have not cleared up yet.
We have tried to be reasonable and not obstructive, letting them have access as needed, moving our cars when they need to get trucks in, even allowing them to use our electricity when the owners were out etc etc.
A couple of weeks ago they trespassed on to our property and put in a brand new sewage pipe down the side passage to our house, the pipe is about 3m long looks really bad, they cut through our wooden gate, and it probably does not meet building specifications. We reasonably, would have liked advanced notice of these works so we could understand if it would cause us problems before they went ahead.
They promised to clean this up and box the pipe up, however despite waiting in for two days for someone to come it they never did.
Subsequent to this we politely asked them face to face to contact us in advance and generally be considerate (we even gave them our mobile number), a couple of nights back we found their builders on our property without permission in total darkness, we politely asked them to leave to get a whole load of abuse from the builders. So again we went to see the neighbours, their reaction was dismissive and confrontational.
I believe they still need access for the following, to put another drainage pipe along our alley way, box up the current pipe, fix their guttering and to carry out any remedial repairs and clean up our property.
My concern right now is, if we allow them continued access they will complete the work they need, but not clean up after themselves and make good any damage caused, I understand they are running out of money and have “issues” with their builders, so I work to put things right for us Is probably very low down on their list.
So legally I have a couple of questions:
a) Can we hold them accountable for damage caused.
b) Can we prevent them having access until they provide us details of the work they will undertake, (including remedial work)
c) Where they did trespass without permission and put in new structures, are these structures legal, is there any legal recourse on this?
d) Do they have legal rights to access the property to put in place or maintain new structures. (not existing)
(Note there is no right of access in our deeds)
In shirt, my neighbour and I share access from the main street through an alleyway which leads to the back of our properties and back doors.
She recently had a problem with her drains which are in the alleyway, she is now demanding money from me. I have through her lawyer to see estimates for the work and the bill to justify what they are asking for.
Now she has deliberately blocked the access to the alley by placing several large flower tubs and wrought iron gate etc. As a result I am unable to put my rubbish bins out for collection, or use the alleyway.
Is it not a fire risk, can she be made to clear her belongings to grant access.
Can the police make her remove her things.
A large branch overhangs our property and we would like it removed, together with a similar branch overhanging the neighbours property - an unbalanced tree being potentially a hazard. We have not got gone to the expense of seeking a health and safety report.
Our neighbour (the county council), after extensive friendly discussions, refuses to contribute to the cost.
Assuming planning permission is gained, can we go ahead and have the tree correctly pruned without their permission, and insist they share the cost?
I have the same problem but the neighbour is a block of flats and it is the managing agent who has put up the scaffold and will not remove it! How do we proceed?
thanks, Lol
the present blockage by NBC has continues over 2 years. I wrote a letter of complaint to the Chief executive he replied saying we were never given access. for quite some time we have been asking for a copy of our tenancy agreement. we were never given one.
We later found out we do not have a tenancy agreement for the house we live in. NBC have put the old address on the new tenancy agreement. the council does not want us here. We are a black family and they have made our life hell
I m multiple disabled |NBC knows this but they think if they keep going I will have a heart attack and drop dead. tHAT IS A TINY PART OF WHAT THEY HAVE DONE TO US
Thanks Carla
He insist's that under some law he's found, we have to give him 14 days notice if we want to make any repairs to our house. This can be a challenge because sometimes the work is urgent.
Is there a law that states 14 days? If we had a real emergency could we insist on getting the job fixed sooner?
We recently gave him a weeks notice as our chimney needs some work that is quite urgent and he refused because it wasn't in line with the law of 14 days notice.
He is a very difficult man and won't be flexible on this matter.
I look forward to your response
Many thanks
Thank you
I have not lived in my property that long as I have had interior building work going on for about 4 month there was a bush in the front garden well that's what I thought it was. After work was completed and I moved in I noticed that this bush had grown so tall and was covering my neighbours window. I booked a tree surgeon to get the tree cut, but before they came to cut the tree my neighbour cut the tree on his/her side and left all the branches in my garden. They did not even seek my permission. I wanted to know what my rights are.
What can I do iff it goes over the month
For the last 5 years we have been paying our neighbour a service charge for the use of electic, water and sewage utilities. Historically this is because our property, a swedish log cabin, was the first property of a proposed development that never took place. The connections were already in place and a new owner took over and decided to build a caravan site surrounding our freehold land.
We wish to have our own utilities to include an eco sewage system. Pipes and electric cable will be required to go across his land.
I am quite happy to make good any groundwork activity.
The present situation is that we feel that we are virtually held to ransom by having to pay this land owner the service charge which he controls.
My intention ois to discuss the matter with the landowner in an amicable manner in the hopes that we obtain his co-operation. However if he refuses, can I obtain a Court order that will allow me to carry out the necessary groundworks.
All I would like to know is what responsibilities for maintenance are if any? What am I legally responsible for i.e if anyone should fall or the neighbour should fall can they sue me?
Any help would be greatly appreciated.
I have an issue of blocked drain and I need access to my neighbour's property because of this. We have asked our neighbour's, however they would be willing sometimes and other times they would simply refuse. I have read on the Access to Neighbour Land Act 1992 and it seems like the best option at the moment. However, I am not sure on how to go on about this. Do I just go to a county court and ask for advise? What is the actual form called and the fee that is required? Do I hire a solicitor?
Also, how would I go about finding the address of the landlord, because at first I would like to write to them and ask them if they would lend us permission. I am assuming that if the landlord grants permission then it should be enough, regardless of whether the tenants do or not. I have been advised to get the land registry but I do not know if it contains information about the landlord which is primarily what I am after for now.
Thank you for any advise you'll offer.
I live in an end terrace of 6 houses I own the land that surrounds my property and house number 2 and 3 pay me an annual ground rent for access.this was pre determind before I purchased the property. They use it so infrequently it doesn't bother me.
However house number 5 uses the land without permission and does not pay ground rent. She allows her dog to do its business and doesn't pick it up and says its not from her dog. No one else on the row owns a dog or uses this route.
I would prefer no one paid ground rent and no one used the land with exception for emergencies or maintenance etc.
It isn't the only access route and there is really no need for her to use the land at all. What are my rights?
I have had thought of putting up lockable gates and providing my two ground rent paying neighbours a key can i do that?
Many thanks Taz
My neighbour is looking to carry out a rear extension of his property and wants to take down the boundary fence to put his extension wall.
I would like to know how I can make sure he does not build in my land and also if there are any pit falls I should be aware of please.
Thank you
We own our property which is built right up to the boundary. The verge tiles on our roof are loose (possibly the wood under the ridge is rotten and needs replaced but we don't know until we check) on one side of the house which is adjacent to a council owned property. The council have agreed us having access to erect scaffolding but the tenants in the property are very awkward and are denying us access, despite the council requesting they do so. Would a Court Order for Access most likely be granted so we can carry out these necessary repairs?
Thanks
I am a builder carrying out some works to an upstairs maisonette. The neighbour downstairs is also the freeholder. There are two staircases leading up to the property I am working in. They are partially collapsed due to rot and there is an emergency repair order from the council (as there was a council tenant there that has subsequently been moved out) to replace the staircases. Obviously this will involve access the the property below as the staircases are internal. The neighbour will not give us access. He isn't even living there as he also owns a property 100 yards up the road and is living there!
I have written asking for permission to which I have had no reply. Do I need to apply for some sort of court order? Is this situation covered under Access to Neighbours Land act 1992?
We built an extension and there was a gate at the back of the alley which was fine but a few months later, the neighbours moved the gate further INTO the alley which meant we cannot access the alley way and they did it without informing us. So now if we want to access our extension wall we have to ask them permission and we did that recently as wanted to paint our wall render and they have refused us access. Can they do that?
The landlord for the neighbouring property has gained planning permission to split his garden in half, demolish the current garage at the end of the garden and build a house there.
Today, I came home and the fence panels had been removed in preparation for the house wall to act as the boundary. Should I have party wall agreement?
Also they have damaged my footpath - what can I do?
Cheers
Sorry a bit of a rant but wanted to get all the info down on where we stand atm. It is a real concern especially with having a 2 year old and all his garden toys in our garden.
et can i stop him or restrict him 7
What is the best course of action and how do i put a stop to his trespass?
Thanks Pam
Any advice would be greatly appreciated.
Many thanks
I did some research and there appears to be legislation which says that boiler flues cannot be sited so close to boundary walls if they were not there originally. Does that amount to tresspass and is there anything I can legally do.
Last week they removed the boundary fence and put it on the bonfire (without speaking to my father) and he then had to put up a temporary sheet of wood to keep his dog in his garden. There is no sign of a new femce going up although they have told my Father they will do it when they can afford it.
They have now mentioned in passing that they will be moving their oil tank from the garden onto the roof of their garage (never heard of this myself) but their garage is joined to my fathers garage!
He doesn't want to fall out with them but I personally would have thought they would need planning permission for this and I am already rattled about the removal of the boundary fence. Can you give any advice please? Thanks in advance
My front windows on two floors had workmen passing within two feet , a ladder crossing right over both.
This is after scaffolding at the rear of the house has been up for a year , overlooking my whole garden . I was told this would come down in January.
There seems to be a dispute between the other adjoining neighbour in which I am not involved.
Newcomers, often wealthy, make enormous changes , not recognising shared drains , and many other things to be considered when buying old , listed buildings.
I have spoken to my neighbours about this, they apologise, say I am patient , but make no attempt to do anything.
They say it has spoilt their garden ,too??
Builders came and cut my garden gate down in order to accommodate an extended neighbour fence post and have encroached the fence panel and post which is now sited on top of my garden patio slabs (I have a small patio'd garden)
Can you please advise me.
I am having a permitted development in the form of a side dormer loft conversion on my bungalow. My builder will need access to Tile the dormer from my neighbours drive, and my neighbours are dead set against this and will object. Where do I stand legally here?
Thank you
When ever my daughter is out playing in the garden he is constantly in and out leaving my gate open. I would like to know if he is allowed to be there or is there something i can do to stop him. Obviously we do not get on.
Thanks
Thanks
Thanks Terry Barnes
Your help in this matter is greatly appreciated.
When I bought the place back in 2004 I knew that there was a right of way for the properties concerned subject to their contributing towards the upkeep of the access way. In the 12 years I have lived here only I have maintained the side access.
In view of my recent planning application the neighbours have questioned if I own the land and the side access. It is clear I own the land where the garage is and I did think that I owned the side access but had to give them right of way. My deeds state that I own the 'land comprised in the titles together with a right of way for all purposes and by all means in common with the Vendors'
They have also put forward that the width has to be 1.3m even though the distance between the garage (built in 1930) and their fence is 1m.
Even though I am not planning to build on the side access it is not clear if I actually own that land. What would be the easiest way to check that and also the width of access?
However do I have to grant access to my field as at some point the elevation will have to be built and rendered and as it is being built on the boundary line, the ground workers, builders and roofers no doubt will need to place scaffolding on and simply work across/on my land to build at least the elevation of the house.
The neighbour has made no representation to me as to look to gain access for this work while going ahead with attaining he planning permission. Again with no representation to me as a consultee in lieu of the councils planning permission process.
Also from the plans the elevation wall of the new property would appear to form the boundary line.
So two more questions.
1. Do they have to erect a fence ,and if so then that surely must sit on the boundary line and not the elevation wall. If so then then surely the plans will have to show that?
2. If the wall does form the boundary then my animals will come into direct contact with the house wall which wont be a suitable situation . Also the house soffit and facia plus the guttering will fly above the boundary line and there will be above my land.
Do i have to grant access?
They have a large sign on legs which is 3" away from my wall and they have said they are going to extend this even higher, are they allowed to do this?
Many thanks,
K
Can someone help
I need to have some repair work done and my neighbour simply wont allow access. does any know how and where i should apply so i can have these repairs done.
Thanks
my neighbour of 12 years knocked on my door a few weeks back and asked if he could cut the overhanging shrubs back that were falling into his property and I agreed it was okay and thought not much more of it. That weekend with the aid of a step ladder and long reach cutters my neighbour sheared all my shrubs well within the boundaries of my property to the height of his garden fence and I was just about stomaching what he had done as now my view into the garden from the kitchen window is now spoilt by the view of his oversized 25x12ft summerhouse which is raised on a foundation of concrete which in my opinion is out of proportion to his 75x25ft residential garden that it sits in hence the shrub screening to obscure this shed from view. Then a couple of weekends later I looked out of my kitchen window and much to my horror and dismay he had continued with his barbaric pruning on my side of the property and cut my well established mature magnolia tree down to the fence height - I was absolutely livid as he had given me a insulting suck plums lecture about shrubs growing back etc - but if he was that knowledgeable about garden pruning he should of known you never ever heavily cut a magnolia deciduous tree especially in winter - it should only be lightly pruned in summer towards autumn which I had be doing - So I think his intention to cut my magnolia down was of a deliberate nature - I now believe the damage to tree is so severe it will never recover and the secondly he had no right or permission from me to cut my magnolia tree down in the first place which is well within my property boundaries - I attached a hand written note to the butchered tree at the time I realised what he had done asking him to stop as I had not give him permission to cut my magnolia tree down - the tree has one remaining branch which was probably out of his extended cutters reach but sadly the tree now look in a hideous state. I am still so incensed by his actions that I have refused to answer the door to him avoiding a unsavoury confrontation. I am thinking of dropping a letter clearly making my feelings known about is actions and highlighting the fact he never had my permission to prune to the extend he thought was acceptable and under no future circumstances should he cut any of my shrubs on my property with only the permission to cut the shrubs trailing or falling onto his boundary - any comments advice very much appreciated - thanks
We have bought a terraced cottage and we told that access to the front of the property could be obtained via the end of terrace houses, however the solicitor did say it was unclear to what was our definitive right of way. However the owner at each end of the block of terraced houses is having work done, sheds being demolished and has blocked off one entrance telling us not to use it. There does not appear to be any planning permission granted to demolish sheds. Where do we stand?
Q.
1) if there is any damage to my wall is he liable for the repair
2) Should i have been asked permission to drill into my wall and fix security lighting and its associated wires.
3) am i within my rights to ask him to remove the lighting (he has two other lights within yards of this latest fixture, so the issue is not lack of lighting.
Look forward to your advice
Michael
Any communication with the 'gentleman' hasn't worked. The only reason the small path is left is due to the fast action of the owners of the house on the opposite side of the gap. The day he started work, they asked what he was doing and ran out that minute to get a gate which all us neighbours have a key. The gentleman was going to claim it all as his. The access is common ground. Neither the police or council helped at time of construction of the fence with neighbour erected. Aside from going legal, who can we get in countact with? Is there a 'body' who can help?
Many thanks
We have a mid terrace house which has access for all neighbours which runs along the back of the houses directly behind the houses. However before we brought the house our neighbour built a massive extension which effectively blocked off her access. They have put a gate in the fence further into the garden which now means to access their garden they have to go through a large section of ours. Is there anything we can do as they are not using the access route detailed on the deeds by their own doing or do we have let they have access?
Any help would be much appreciated
The back of the garage sits on an alleyway which is jointly owned by 8 houses as back access.
The neighbour nearest to us has dumped roof tiles, tonne bags of gravel, tools and blocked all access.
I wrote him a letter asking it he'd remove it all by a certain date and why nut he's done nothing.
What should we do next?
Firstly can they inspect my roof without verbal or written permission?
Can they enter/cross my roof to inspect other properties?(because there was only scaffolding at one end of the row of houses so I assume to inspect the other roofs they would have crossed mine)
The council have not provided me with any surveyors report or photographic evidence. Are they obliged to give me that information? ( I brought the property 5 months ago and there was nothing wrong with the roof then)
There is no mention who is to pay for the proposed New roof or structural engineers. The letter just says that each home owner will be responsible for there own roof in the future and that value will be added to the property.I'm already responsible for the flat roof so nothing has changed there. As for value i feel that is no concern of the councils.
Will I have to have this roof done once the council gain planning pomission and will I have to pay for it?
I'm a shift worker. What about noise disruption and actually the stress I'm feeling now. I don't want any if this and yet the council are going ahead with the planning application without any consultation or permission. What do I Do?
I am relocating soon and am selling the property. This will now inhibit my sale as there is a council application for re-roofing and to dispute it will also go against my sale as disputions have to be declared when selling houses.
The letter says once approval is granted I will be invited to a consultation . This will no doubt take months.I've asked for none of this. Where do I stand?
Am I obliged to give them access to carry out works?
My nan has had some troubles with the roof of her extension over the past few years she's already folked out thousands and yet again has a very bad leak. She's employed another roofer who has insisted the problem lays between both houses ( my nans hone and her neighbour) this wud mean removing some of next doors tiles and replacing them. My nan is more than willing to pay every penny but the neighbour isn't willing access to her roof. Dose any 1 know if the neighbour is braking any laws ??
On Friday workmen put up a very big metal gate in the middle of the pathway which they attatched to the wall of my house without my permission. The free holder is a big company which owns the petrol station. I contacted their office and the person i spoke to had no knowledge of the gate. I tried to contact the estate agent who manages the flats but no one was avaliable on Saturday. The gate is very heavy and it makes a terrible noise when it slams shut.
I believe that no one has a right to attach any thing to my property and I would like to know what law has been broken and how I can deal with getting this mess sorted.
Eventually she agreed that we could have access to her property to replace our very old and leaking guttering. Now two years later she is claiming via her solicitor that we are using her 'airspace' and has the right to remove it even though some form of guttering has been in place for more than 20 years.
Relationships have broken down to an all time low, and we are banned from entering her property, but if we need to use a contractor, they can enter but we can't. How can we carry out instructions in this way?
It also means that we are unable to clean the exterior of our windows or clean our gutters out.
What should we do as we feel that despite buying the property to renovate for retirement, we are being driven out.
(Reg) We are trying to find out what the form is called and where we can get one to get an Access order under the Access to neighbouring land act 1992. We have asked the county court and CAB but they don't know.
We have just brought a basement flat that has an extension for the kitchen which has a flat roof. We have a leek in the kitchen. We then called in a roofer who replaced the roof. We also re rendered and sealed the garden wall between ours and our neighbours. This wall is to the left of the roof. However the leek still comes in down the same wall when it rains. We called in an independent builder to find out where the leek is coming in. He told us he does not think it is coming from our roof or our side of the wall but he could not be certain until he inspected our neighbours side of the wall. We asked our neighbours if we could get access to his back garden so we can see if there is a leek from that side but he refused.
We have written to him on 2 occasions now explaining why we need access to the wall on his side and said we would cover the cost of any repairs needed. We have also told him that if he does not give us permission to inspect and repair his side of the wall it will leave us no other option than to seek an access order under the Access to neighbouring land act 1992. We have still not revived a response.
We went down to the county court to find out how we can get an access order. They told me we would have to fill in the appropriate form and return it with the fee. I asked them what the form was called but they were unable to tell me. We also went to the CAB and they also could not tell us the name or where to get the form.
I need help form some one regarding the name and where to get the form because as an asthmatic the the damp caused by the continual leek is causing me health problems.
but there's a nearby property that's been converted into residential (has its own septic tank) and they took up having chickens.
When some of the 'men' from our 6 houses replaced the rotten railway sleepers, the other neighbour has now erected a fence over the top of our septic tank and put his chickens, coops and bits inside.
It's now causing upset to some of the nearby neighbours, as the chickens (& this year turkeys) are coming into our gardens, and they keep claiming its "waste land".
Can anyone offer help & advice please
Any help would be appreciated.
Has she the right to do this?
I live in a flat and the flat below, we believe have tried bullying and harassing me and my family, and when they complained back near the beginning of this year they made out they had water ingress dripping down light fittings, but when I was shown I did not see any such signs, to which I was advised they had cleaned it up?
I then paid two different independent contractors to check my property for any evidence of issues, which neither of them found.
I then contacted the building insurers, who sent out a surveyor, who did not find any evidence of water ingress what so ever in their flat.
It's a leasehold property and they have the cheek to make out I am in breach of contract, when they have not even paid the freeholder the buildings insurance portion, nor the ground rent, for many years.
They are now threatening to get an access order via the courts when there is NO sign or Evidence of any water damage!!
Can anyone shed some light on this as I would deem this as further bullying & harassment, as the surveyor can open their ceiling and check for and such evidence from my property.
I can't see why I should allow access to a biased surveyor who could even be their friend.
I think they are hiding behind the civil law position to enable them to bully us further.
Any thoughts please.
Thanks.
They requested access over our roof to make repairs and we agreed as long as we were present. The workman turned up and started to pull at tiles on our side of the roof so I told him to stop, he did and then left. Can we insist that access can only be granted while we are present so that we can safeguard our property?
Please let me know how you went, and what you did. As this wall needs to be rendered soon. I'm seriously understating when I say 'we don't get on'. They are fuming the extension was allowed in the first place, so will love putting a spanner in the works!
Our neighbours are now being extremely difficult, and despite us trying to keep them informed we can seemingly do nothing right! The boundary fence (which is ours) is a point in question where they ignored our suggestion about them assisting with pulling "their" plants away from the fence (so as to avoid us having to cut them) so we can slide the panels out and replace with decent gravel boards and fence panels so the new fence will last decades.
It would seem to us that an "awkward" neighbour can be just that - but our understanding is that "maintenance" is just that and, given notice, they can not block any access - are we correct?
We have no form of heating in the property the old heaters that were there have now broke, we are putting in Gas Central Heating, but SGN need to put the gas box on the side of me and my neighbours wall next to where my electric box is, we had to get my neighbour to sign a consent form but she is refusing to sign it even though we have explained that the pipes wont be near her garden they are coming through my parking space wall to the side of the building,
We fell out earlier on this year and I think she is being difficult, sgn say they cant go ahead with putting the box or pipes near my flat until she gives her consent, I cant believe that a neighbour can stop you upgrading your property with heating because she is being difficult. can we fight this????
Please clarify
the guttering will push right upto the boundary.
questions
1. can i gain access to replace my guttering
2. do i have to put guttering up? leaving a drip tray
3. the existing guttering has been in place since 1987 can i replace it like for like even if it goes into there airspace by about 30mm
many thanks
Then for some reason the householders next door to me and the one the other side of that extended their garden across the lane and put gates across the lane. So their section of the lane is now actually in their gardens but they still have access to/from the lane.
Many years ago residents including my parents each paid for the section at the end of their lane to be tarmacked with the exception of one resident who wanted to pave his section and so it remains to this day.
The next door neighbour did not contribute as his section of lane is in his garden.
New people moved in many years ago and I have had a constant battle with them piling up rubbish, fly tipping, leaving open bins etc on the section of lane at the end of my garden and more recently using the lane as a drain when she washes her bins and empties all the water and the dregs from the bin into it, flooding it almost to my gate. I regularly maintain the lane by cutting back the blackberry bushes which all neighbours use and scraping layers of grass that has grown over the tarmac, and make sure their access is not impeded.
Please could you tell me what the best way is to finally impress upon them that although they have access through the lane they do not have any right to leave rubbish etc out there. I have read that because a gate has already been put across their section then I could legally do the same across mine as long as I don't restrict their access. Does anyone know if this is true please.
Many thanks.
Please advise
I did point out to him that there are scaffolding solutions which do give clearance for these situations, although more expensive.
My question is..., given the situation with our access road (which myself and couple other neighbours use for our cars) will he HAVE TO USE a scaffolding solutions to allow us car access to our garages or can he simply choose the cheaper option and block us all in or out...
I look forward to hearing any thoughts.
Regards
We have recently had a whole new roof fitted due to the christmas storms blowing part of it down and when our scaffolding was all up we suggested to them that if they wanted to fix their fascia boards, now would be a very good time to do it. They declined.
They have now said they wish to get someone to put some new fascia boards up but they can only do it from our roof.
The problem is, they are getting a 'dodgy' family member to do this repair and previously he has just wandered onto our flat roof without any consent or warning to do other repairs and has even dropped bricks and left piles of mortar on the roof.
Obvioously i cannot stop them having access to fix their property but i want to make clear to them that i need assurances and guarantees that they take care, and are liable for any damage.
How should i word this, is there anything else i can do to protect ourselves and our property; for example, would we be liable for any injury or death occurring on our property by someone we never employed?
I live in a leasehold flat. When I purchased the property 13 years ago mine was 1 of 2 flats above a shop in a small cul-de-sac. We are not attached to any other properties and we have a large carpark at the front and a yard at the rear.
We have full right of way across the front and one side of the building and our neighbours across the back and the other side.
So, the shop closed shortly after we moved in and we've had an empty property underneath us ever since.
The freehold has now been purchased and downstairs has been converted into 2 flats which we have no issue with.
However...
There has been no consultation with us throughout the entire process.
The freeholder has erected fences at the front for private gardens under our lounge and bedroom windows which we have a legal right of way over. This is breaching the terms of my lease and I intend to take legal action. (He did this whilst we were on holiday and has told me that I don't need to use that land and therefore can't)
It sounds minor but I now can't access my windows for cleaning!
Yesterday he submitted plans for a single story dwelling (attached) to the downstairs flat which will be under my side window.
My upstairs neighbours have a right of way across this land which again he is withdrawing (he's told us this verbally, he's given us nothing in writing) so if this is passed, we will have a third window which we can't access.
Is this legal please?
I appreciate people in blocks of flats have this issue regularly but this is not what I purchased! I've always had free access to my exterior walls and windows but now I won't (assuming he can get away with this).
I would like to stress again that there has been no negotiation, hes just told us verbally that he's doing it and it's tough. I am in the process of seeking legal advice but I'd like a few answers and opinions before I go for my free half hour!
Many thanks in advance
My neighbour wants access to climb over my roof to do work to his roof. I have refused as I dont trust him (past experience) and worried about any damages to my roof that may be caused.
I understand under 1992 act, he can get a court order . Do I have to pay his legal fees?
Unfortunately, the Chair of this Committee seems to have a mental problem as she throws tantrums whenever anything is mentioned about these trees and shouts and screams at everyone, included the Council (they steer clear of her). She tells everyone that they have TPO's on them, which is completely untrue, and confirmed by the local Council. Recently, we needed to repair our part of the fence with a new concrete post and the posts all lie on their side of the fence. She has demanded that the post be put on our side, which we agreed to do to keep the peace, so that most of the posts are on their side, with one on our side! Access to the back of our fence is impossible because the trees push up against our fence and no one can work through a prickly holly bush. Our garden is tiny and these trees are now as high as our garden is long. I am particularly concerned about the leylandii as this will grow to a phenomenal height and widthe eventually. (Our amenable neighbour was allowed to have two very tall protected Monterey pines trees removed because of the close proximity to houses and if they were to fall in a gale, whichever way they fell, they would have caused tremendous problems. A very large branch fell off during recent gales and demolished the fence between our garden and next door before they were removed.) Can you give me any pointers as to how I might get this very high hedge pruned and access given so that I can maintain my part of my back fence as it needs further work?
This application has come out of the blue, with no conversation or discussion.
We do not want more 'traffic' using the driveway as it will directly impact our property, our ease of access and also increase wear and tear.
Our neighbours do not pay any money for the use of the drive but he has always cut the hedge with a tractor when doing his own. This was not an agreed thing, it just happens. He also sometimes cuts the grass but we also do that, so he is not 'maintaining' the area in any particular way, in fact in the past we have given him a bottle of wine as a thank you.
Any advise?
(My builder does not want to work either on his roof or remove it.) If he won't help with access can he still expect me to replace the guttering?
All the services to my house cross the land in question and I can't clean my windows or repair any guttering etc without going onto this piece of land.
It appears that if I don't object to the planning application this problem will go away.
I have been advised that I don't really have any other option but to apply for an order under the Access to Neighbouring Land Act, which I have done and the hearing is set for the local County Court soon.
Will I have to continually make these applications to maintain my house? and continue to incur the fees and costs associated with same?
From what I understand, the County Court appear to be only able to make an order under this Act for a specific time frame and a specific purpose. Is this correct?
If this is the case is there any other option I have with any other legislation to formalise my access rights to maintain my property?
The neighbours can access their house from the front and could quite easily stop using our garden to access the village
The houses are old ( circa 1805) and so I think this would all be on the deeds? Even though I love the house I think this should be a deal breaker? Any help/ideas?
Obviously this will require scaffolding to be erected. The back and front are not a problem. The side however requires scaffolding in the shared drive between my house and next door.We each have garages effectively in our back gardens. My neigbour is obsessed with putting her car in the garage even if she is only popping out for a few minutes. She does have alternative off road parking on her front drive. The scaffolding will be up for about a fortnight.
I have not yet broached the subject with my neighbour but I'm sure she will be as obstructive as possible. She has a long track record of vexatious litigation with her party wall neighbour on the other side.
I assume that as the scaffolding does not have to be erected on her property I'm assuming that the
Access to Neighbouring Land Act 1992 does not apply.
Does her right to put her car in the garage override my right to maintain my property?
My guess is that she will say her insurance is invalid if her car is not stored in a garage overnight,
Any advice appreciated.
I live in a small mid terrace house and my neighbour's house is the end of the terrace. The terrace is built at right angles to the very busy main road. I have lived here for almost 9 years and my neighbours approx 18 months longer I think. Our gardens are approx 12 foot wide ( the same width as our houses). My neighbour has 3 huge conifer trees that have numerous trunks (due to previous lopping) on his boundary that's adjacent to the public footpath and main road. My partner and I helped lop/prune these trees a couple of years ago because they were reaching our phone lines etc. But our neighbours did not want the branches that overhang their garden lopping. We are now in a situation that these horizontal branches and new growth are about 12 feet long and are putting our garden into shade now until mid afternoon as well as being in contact with our phone line again. The house is now rented out and the owns haven't responded to our requests for further lopping. The agent dealing with the letting says the house is now on the market to sell again, so the owners are leaving the trees for new owners to deal with. Previously the house was on the market for approx 6 years and never sold so this doesn't fill us with much hope. Is there any way we can legally persuade our neighbours to attend to these trees.
And she wants something done. Where do I stand
I have asked for their permission to enter their property to undertake the repairs (in writing) but they verbally accosted me refusing to allow me access. If the fence falls in will fall onto their path and could be dangerous to them.
What can I do. I know that under the Access to Neighbouring Property Act 1992 suggests that a court order can be given to allow access, but how do I go about this whilst keeping the expense to a minimum.
The property has recently changed hands and the new owner has submitted a planning application which includes converting the car-port into living accommodation, thus closing off access to the terrace wall.
Relationships with the new owners are good, at the moment, so before approaching them, and the planning authority with our concerns about the loss of access we would like to know what rights, if any, the owners of the terrace properties have to this access. There is nothing recorded in the deeds.
What are my best options?
I guess my main thoughts are that can I do this? Would there be any show stoppers I haven't thought of?
they are not very approachable .
I am not an annoying neighbour but also have major works the other side causing a lot of noise and disturbance.
The drive needs re surfacing which we have not done yet because we are waiting for the new owners and their builders to finish before we go ahead.
My question is? can we legally ask them to pay for a contribution towards the maintenance/resurfacing of the drive. It has not been written into the Land Registry Documents that they must contribute. I know if I just ask they will say no. They are not terribly friendly!!
Solicitor says that had I wanted access I should have obtained a court order under Access to Neighbouring Land Act. Is this correct? I thought I could go on land to repair my property without permission. This is extract from another website.
Generally, if you go onto your neighbour's land without their permission, you are trespassing. However, if you need to repair your home and to do so need access via your neighbour's land, you may go onto your neighbour's land without getting their permission...it goes on
If you need to be granted right of access, proceedings must be commenced in the County Court - but as I have access the scaffolding has gone up.
Grateful for any comments.
Why 3 weeks? The damp runs the whole length of the house and it appears to be a combination of things [soakers been put in upside down? can't remember exactly what the builders said but seemed plausible] and the flat roof on the loft conversion will also need recovering as that is not helping the situation. It is 20 years old and I've been on the roof to examine it and it does need doing [as we thought some time ago] so whilst the scaffolding is up we'll do it altogether.
Thank you for responding.
He's always been a bit of an oddball but we've just plodded on on nodding terms but of late he's become quite vicious and erratic, not sure if he's got a mental problem or he's just got more vindictive as he's got older. We get on great with all our other neighbours - no-one likes him - which is neither here not there I guess but some reassurance over the legal bit would be helpful. It does seem to me a layman that Access to Neighbouring Land Act means I can go on neighbour's land to effect repairs. And if I can't get access or neighbour prevents it - then I go to Court to get an access order. But as I can easily access it - that's what I've done and the scaffolding has gone up.
any advice gratefully received.
Your advice will be greatly appreciated.
The owners of the adjoining property have now linked up to the mains are do not use the shared cesspit.
The original cesspit/soak awayruns into the land owened by the neighbour
we need to fix the cessit/soak away and need access to the neighbours land to do so. he is not friendly and there have been heated conversations in the past
this is now an issue and having just emptied the cesspit,it really needs maintenance as it is full again suggesting it is not soaking away.
Options for envoking this act? Costs to do so?
i wish to build an extension to the rear of my property, however i am restricted by a path to the rear of my terraced house, 1 of 7 in the terrace with access from both ends, can i encrouch the path?
regards
N Dunstan
We had verbally arranged for the scaffold to be erected at the rear of the property to enable replacement of the lower 2 roofs, both of which have been letting in water for the past year or so. The neighbour has now decided that the agreed date isn't suitable and wants to delay the scaffold for a few days. I am trying to rearrange this with the builder and scaffolders but do not know whether there will be a finicial implication at this stage.
My fear is that we may have to go to court to agree access rights. My neighbour has already threatened us with solicitors mentioning compensation as this process is causing her stress? What is the process for making an application at court for access? How long does this take and what is it likely to cost? Do I have to instruct a solicitor or can I represent myself? Apologies for a rather lengthy post.
Many thanks
We asked for a meeting with the architect and landowner which was positive. However, all present agreed for the architect to minute the meeting but instead he issued a 'Draft Land Access Agreement' introducing previously undiscussed items, which removed us from decision -making processes regarding our garden, land and garden possessions. Therefore relationships have broken down.
As property developer stakeholders seem to be acting without integrity, please can you tell me if they are allowed to remove our gate and access, and if the easement allows them to erect 6ft hoarding and borrow 1.5 metres of land for one year (possibly longer)
My husband is a bespoke carpenter who specialises in barn conversions so we are aware of time scales and the major scale of work needing to be carried out.
Thank you!
We live in a row of 4 terraced cottages, ours is number2.
Our back garden sits behind number 1s, we get acsess to our back garden through a side path that's been fenced off as a path between number 1 and number 3s garden.
We have lived here for 8 years and always used path and it has never been mentioned by myself or neighbours at number 1. We have just accepted an offer on our house and it's come about that this path may belong to neighbours at number 1. We are currently looking into this.
If it does belong to them what rights do we have and would it be worth offering to buy this path. We are concerned this may put off buyer.
*we can get acsess to our back garden from side of road were our garage is.
Would my neighbours be required to grant access to their property if I was having Cavity Wall Insulation? Would this be classed as repair/maintenance?
Thanks!
I have tried to speak to the tenants of the 3 properties, but I have been unable to contact them for some time.
Can someone please advise me as to the next steps to get this access way cleared.
Thanks
We live in a 1900 terraced house.Our neighbours are convinced our little block of terraced houses have back access through the end neighbours garden (and since ours joins to his it would be through our garden too which we don't really mind). There is even a gate from our garden to his but he says this was to help the old lady who used to live in our house with her garden and it does not mean we have access.I have looked at the title plans and it just shows a red box around our property.Is there any other way to find out. I don't want to fall out with any of our neighbours but it would be good to know.I read somewhere that since it's an old house we may have access for 'dropping off coal'...!Any help would be very much appreciated. Thanks.
MB - 29-Sep-14 @ 12:48 PM
Briefly, there is a short section of tarmac (about large car length) belonging to the council between the road and the pavement, and the other side of the pavement opens up onto our drive. i.e. we must cross the tarmac and pavement to enter our drive.
The council in partnership with Sustrans plan to run a 1.8 metre wide cycle path through the section of tarmac. We will still have access to our main drive but will no longer be able to enjoy parking on the section of council owned tarmac due to the proposed cycle path.
Our first question: who has Right of Way (us or cyclists) as we are required to back out ONTO the cycle way and turn, in order to face outwards and prepare to enter the main busy road (cannot back directly onto our very busy road).We may even temporarily block (straddle) the cycle way as we prepare to enter the main road
Our second question....having enjoyed 35 years of free access to the piece of tarmac and it being assumed the piece of tarmac formed part of the 'consideration of buying the property',....can the council without warning come along and remove the privilege?
Many thanks for your advice
1) Who would be responsible for maintaining the hedge that is next to my fence toward the bottom of the boundary line? Is it me, or the house that faces it directly?
2) Do the 2 houses opposite have any claim to the land on my side of the driveway?
3) Would I be able to extend my side garden by fencing this grassed section on the side of my house, and planting it out, rather than having just a brick wall which is what is there now?
I've checked the deeds and it's not specified that she has right of access.
Am I obliged to keep it clear for her to turn in? Or can I use it to park in? Thank you very much
Thanks
rochester ny
we need to unblock a gutter and our neighbor refuses access to her property
The extension was completely finished except the render and we've been living like this ever since. I have tried to talk to him and offered a retrospective party wall act (i know such thing doesn't exist as such, but effectively it pays for him to get proof that no damage was done). He initially accepted this, but then refused again once we asked him which solicitor he wanted to use.
So is there a way to gain access to his garden to finish the render as the damp is getting into the breeze blocks over winter. Could I use the party wall act, or is the 1992 access to neighbours land appropriate as it's to repair a building - but would our extension count as an existing building now after 4 years?
If he refuses to even return our calls or letters do we serve some sort of notice?
Thanks ever so much in adavance of any reply/help.
My neighbour next doo had erected a sewer pipe which prevents me accessing my garage to park my car.
Now I park my car on the main road as there are two other cars occupying my front drive.
The worst now is that my neighbour want to b using the front of my garage as his dustbin port station by claiming that it belongs to both of us.
My neighbour already had his premises fenced and my garage has been converted into a dwelling to be used as ancillary to the main property.
Does my neighbour has such rights to do that?
Thanks
From the path/passageway a neighbour, or visitor can view into my property.
There was a gate, at the entrance to the passage, which as a result of a particular neighbour using it at antisocial hours, was recently removed.
The particular neighbour advised on the 13th June that she would be using the path/passage to gain access to her property, as the lock on her front door was damaged.
At night 23:45hrs, her movement down the path/passage way activates security lighting.
The neighbour when not working uses the path/passageway at least 12 a day.
Questions, what is reasonable, when does it become a nuisance.
I am due to have solid wall insulation done on my hue, one wall goes into the neighbours garden, in order to ace that wall we need scaffolding put up, my neighbour had agreed, and the work has been booked and paid for and is due to start next, but last weekend we had a falling out with our neighbour, they are now refusing to let the builders have access to erect the scaffolding. I have tried talking to them but they have still refused. what can I do??
Kelly
We don't get on with our neighbour .. We have had a conservatory built since we bought our hot tub .... And now we are moving ( but still own the property ) the only way to get the hot tub out is by using next doors exit .... Do we have to get court permission to do this ...
Also if the builder sells the property, do any disputes pass onto the new owner?
We still need to render the our side wall and re-erect the boundary fence and we will need scaffolding to do this. I think I will need to seek a court order and wondered how quickley this can been drafted as this work is due to start on 8th April.
Many thanks
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