neighbor dispute

[abell080]

Hi, could anybody answer a potential problem that I might have in the near future.

I need to repair the brickwork on the side of my house that acts as the boundary to next door. I will need to carry out this work on his land & I think he cannot object if the work is deemed necessary. If he refuses permission do I have to gain court approval or merely a solicitors letter informing him of my rights. (duration of the work is approx. 2 days)

Thanks

Abell

[MIKE770]

have you informed them yet ? response?

[Setmefree3]

have you informed them yet ? response?

Agree. Neighbour might not have a problem, and cheaper to resolve any problems or concerns you think you may have with neighbour first, than go down the legal route.

[abell080]

have you informed them yet ? response?

He lives away & rents the house out, He is a rather strange character, I have informed him that it might be necessary to carry out this repair & he said he needs to take legal advice. I replied that it was only a repair & I will make good any damage in the unlikely event to which he replied he would sue me for trespassing!!!!

[ostell]

Is this all on paper? If so it looks as though you will have to apply to the courts to cover yourself.

[des8]

There is a legal right that allows access on to neighbouring land for maintenance etc of your own under the Access to Neighbouring Land Act 1992
Before going on your neighbours land, you should l ask their permission by requesting access in a letter.
If they do not want to let you and try to stop entry, you can seek an order from the court forcing them to give you access.
The Access to Neighbouring Land Act 1992 enables access to adjoining or adjacent land for the purpose of carrying out “basic preservation works” to one’s own property. Basic preservation works includes:

• Maintenance, repair or renewal of a building;
• Clearance, repair or renewal of a drain, sewer, pipe or cable;
• Filling in or clearing a ditch;
• Felling, for urely rooted or which is likely to be dangerous.

If you need to be granted right of access, proceedings must be commenced in the County Court. The court will grant an access order if it is satisfied that the preservation works are:

• Reasonably necessary for the preservation of the relevant land; and
• That they cannot be carried out, or would be very difficult to carry out, without entry onto the adjoining land.

Ask him if he has yet obtained legal advice, 'cos if he hasn't you will be applying to the court under the act.