Access to neighbouring property act

[Chellee]

My next door neighbour had her guttering replaced by a well known company approx 2 years ago. As the down pipe between our properties was in her garden this was also replaced. To replace the down pipe our guttering was disconnected without our permission and then rejoined to the new downpipe. Unfortunately our gutter is a different shape to the neighbours new guttering which resulted in there being a big gap between our gutter and the down pipe which the company filled with sealent. Two years on the sealent had shrunk and the join began to leak onto our conservatory roof. We contacted the neighbours fitters directly as the next door neighbour does not talk to us and in March 2011 they came out and resealed the gap with sealent. Unfortunately the gap which is too big for sealent is again leaking. I did a further letter to the company explaining that sealent is not acceptable and they came out yesterday to carry out a repair. My next door neighbour refused them access to her property (even though she is their customer) and they were unable to access the join my side due to my conservatory.

They have now given me the option of having the join repaired via scaffold over my conservatory although this would be at MY COST !!!!

Does anyone please have any suggestion as to what I can do or what legal action I can take (cheaply) or how to proceed.

Thank you

[shamen]

Re: Access to neighbouring property act

Generally things like this are covered under easement on the deeds.

It really all depends on whats written on the deeds, but in general neighbors tend to be required by the deeds to allow contractors access to perform essential work on your property. Drainage is usually covered in such easements.

Check out your title deeds. If they say you have such an easement, then AFAIK the neighbor cant do a thing if you require access - its your right.

[Judge mental]

Re: Access to neighbouring property act

Hi.

You can make an application to a court for an access order under the Access to neighbouring property act 1992, the court can also grant you your costs in making the application if it considers that permission from your neighbour was unreasonably withheld.

The order will state a day upon which access will be granted, you should incude any preferred date in your application.

The Judge may also include in the order provisions for you to pay your neighbour any damage caused by your access or even monetary compensation for your neighbour should your access to their land cause them any inconvenience.

A granted access order will also be recorded with the Land Registry.

However, i would suggest you post a letter to them by recorded delivery requesting permission to access the property in order that a repair (that is necessary following work they had done) can be carried out.

Inform them that if they do not give access, or do not respond within 14 days you will have no alternative but to apply for a court order under the Access to neighbouring property act 1992 and they may be liable for your costs in applying for such an order.

Hope it helps

[Chellee]

Re: Access to neighbouring property act

Hi.

You can make an application to a court for an access order under the Access to neighbouring property act 1992, the court can also grant you your costs in making the application if it considers that permission from your neighbour was unreasonably withheld.

The order will state a day upon which access will be granted, you should incude any preferred date in your application.

The Judge may also include in the order provisions for you to pay your neighbour any damage caused by your access or even monetary compensation for your neighbour should your access to their land cause them any inconvenience.

A granted access order will also be recorded with the Land Registry.

However, i would suggest you post a letter to them by recorded delivery requesting permission to access the property in order that a repair (that is necessary following work they had done) can be carried out.

Inform them that if they do not give access, or do not respond within 14 days you will have no alternative but to apply for a court order under the Access to neighbouring property act 1992 and they may be liable for your costs in applying for such an order.

Hope it helps

Could a judge make me pay compensation to my neighbour even though the cause of the problem is from work they had carried out which has caused the leak onto my conservatory?

[charitynjw]

Re: Access to neighbouring property act

Any use?

Rylands -v- Fletcher (1868) LR 3 HL 330 - [1868] UKHL 1 -

You are not generally liable if water collects on your land, and runs off it to a neighbours land causing damage. You can become liable under Rylands v Fletcher (1868) LR 3 HL 330 - [1868] UKHL 1 where your land is altered in such a way as to alter the flow of water to lead to the damage to the neighbour. Limitation is not really an issue.

Rylands -v- Fletcher (1868) LR 3 HL 330 - [1868] UKHL 1 -
HL
1868
Lord Cairns LC Nuisance - Land

The defendant had constructed a reservoir to supply water to his mill. Water escaped into nearby disused mineshafts, and in turn flooded the plaintiff's mine. The defendant appealed a finding that he was liable in damages. Held: The defendant was bound 'sic uit suo ut non laedat alienum'. "The defendants, treating them as the owners or occupiers of the close on which the reservoir was constructed, might lawfully have used that close for any purpose for which it might in the ordinary course of the enjoyment of land be used; and if, in what I may term the natural user of that land, there had been any accumulation of water, either on the surface or underground, and if, by the operation of the laws of nature, that accumulation of water had passed off into the close occupied by the plaintiff, the plaintiff could not have complained . . On the other hand if the defendants, not stopping at the natural use of their close, had desired to use it for any purpose which I may term a non-natural use, for the purpose of introducing into the close that which in its natural condition was not in or upon it, for the purpose of introducing water either above or below ground in quantities and in a manner not the result of any work or operation on or under the land, - and if in consequence of their doing so, or in consequence of any imperfection in the mode of their doing so, the water came to escape and to pass off into the close of the plaintiff, then it appears to me that that which the defendants were doing they were doing at their own peril; and, if in the course of their doing it, the evil arose to which I have referred, the evil, namely, of the escape of the water and its passing away to the close of the plaintiff and injuring the plaintiff, then for the consequence of that, in my opinion, the defendants would be liable."

(ps - not my words; I copied/pasted from somewhere, but unusually for me, I didn't link the source!! So, whoever you are, thanks!!)

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