Tweet
Nearly completed new extension now requires rendering and guttering but neighbour will not allow access for scaffolding on his
property to complete the works. Tried every avenue but it will not be happening.
I am now looking, as a last resort, to make a court application to gain access, claiming I need to complete the works to "preserve" the property against the
elements, especially with winter not too far away.
As the building work is actually incomplete (95% complete) so in essence is still work in progress and I am aware of the Act
stating they will make an access order if "the works are reasonably necessary for the preservation of the whole or part of the dominant land"
Has anyone any opinion or experience on how the Court may look at my claim as preservation as opposed to new building completion ?.
My own opinion is that I am actually looking to PRESERVE the building BUT also completing it at the same time...
property to complete the works. Tried every avenue but it will not be happening.
I am now looking, as a last resort, to make a court application to gain access, claiming I need to complete the works to "preserve" the property against the
elements, especially with winter not too far away.
As the building work is actually incomplete (95% complete) so in essence is still work in progress and I am aware of the Act
stating they will make an access order if "the works are reasonably necessary for the preservation of the whole or part of the dominant land"
Has anyone any opinion or experience on how the Court may look at my claim as preservation as opposed to new building completion ?.
My own opinion is that I am actually looking to PRESERVE the building BUT also completing it at the same time...