Can I get sued for refusing access to my private back garden for Aircon installation?

[wonga78]

Two flats in a converted house and i am on the ground floor garden flat. I allowed access (which is only through my flat) to the flat above to install Air conditioning unit. No plans or details were provided to me so when the piping and cabling was put up on the wall i was horrified to see the footprint, unit brackets and how thick the black cables were. I therefore have not allowed any further when they requested access to fit the AC unit and spoke to the council. The council said they have raised a case and if AC units are allowed at all, planning permission is required as we are in a conservation area.

Does the flat upstairs have grounds for compensation as i originally allowed access?

We are joint owners of the freehold though my share is slightly bigger as i have a bigger flat.

[Ukmicky]

I take it you own a leasehold ? or is it a commonhold . What does it say on your register .

if so have you read the lease to see if there are any restrictions .

Have they placed any cables etc over land you own without express permission.


Did they mention what the works would involve before you let them in

Who owns the freehold for the walls over where the cables have been placed . Often the lower flat will own the freehold for the top flat and top flat will own the lower.

[wonga78]

Thanks Mickey! No plans or notice of works whatsoever was given and it was simply "please give access so that AC can be installed".... there are actually three leasehold flats which all own the freehold in proportion to floor space. The cables are actually over the first floor windows (so nothing on land) so i guess the AC installers own windows/wall. I am puzzled to the last comment the walls and which flat owns which freehold....i assumed it will be "lower flat will own freehold for lower flat"....it seems odd to be inverted as per OP comment.

AC owner has now just said that planning permission is being submitted....

On the freehold details,i will have to dig it out though first impressions is that the AC owner doesnt give a monkeys about the lease so it might be an expensive legal fees to resolve?