Access to Neighbours Land Query

[jparty]

Hi,

Am looking for advice on a neighbour dispute issue - I've read up about the access to Neighbours Land Act, but unsure exactly how it may apply to my circumstances.

Background:-
Rear extension, planning agreed January 2011. No party wall act issues, as it has been built along the boundary next to her garden. However external wall it is approx 6 inches from the boundary.
In April we dug foundations and neighbour gave agreement for fence to be taken down as long as temporary cover was put in place. So that was done and walls built, roof went on etc.
Mid-August just rendering & paint and left to do and neighbour suddenly turns difficult - refuses to allow any access to her land.

Current Problem:-
So several letters & calls with the neighbour have got me nowhere - she is still refusing access and now is not returning any form of communication. Meanwhile the extension is finished subject to the final bit of render on thier side.

So the 1996 Act states I have access to repair & maintain, but not new build. Would this extension count as exisitng property since it is actually built? And hence I would likely get a court summons for access? Or would it still be classed as new build and they wouldn't grant access?

In addition, the party fence also needs to go back up, and I am liable to maintain the fence on that side - so do I have an automatic right to access to put the fence back up whilst on her land?

Any help or advice would be useful at this point - and does anyone know the approx cost of going down the court summons route? (one option I considered was offering the court summons costs to the neighbour in payment for access to her land?)

thanks - Jeff

[labman]

Re: Access to Neighbours Land Query

It would appear you do not have an automatic right, but you can get the right by going through the county court.

Booklet Ex50 explains the fees and this can be found here:

Courts and Tribunals - Court Fees

[di30]

Re: Access to Neighbours Land Query

Hi there Welcome to Legal Beagles.

Hope this issue resolves soon, good luck.

My neighbour had a single storey extension this year which required our permission, as the boundary wall had to be removed.

So even though we are private tenants like our neighbours the council sent us a letter if we object to let them know by a certain date, we did not object as access is required and for the footings to be dug up.

Was a letter sent to your neighbour where she or he had the opportunity to object?
I take it in your case they objected to this and clarified this to the council then?

[charitynjw]

Re: Access to Neighbours Land Query

Access to Neighbouring Land Act 1992

http://www.legislation.gov.uk/ukpga/1992/23/section/1

[jparty]

Re: Access to Neighbours Land Query

thanks Labman
thanks Dizzy
thanks charitynjw

Dizzy, I don't think this is a boundary issue, as the building isn't on the boundary line. There was 2 clear opportunities for her to object.
First at planning stage - which she did, and building scaled back and passed by council
Secondly, letter at the beginning of the project outling the work that was taking place, and how to contact me if there were any issues/problems. No reply to that one.

I think the only resolution will be courts summons, but I was really trying to clarify if a new build is classed as 'existing building' even though its only just been built because many websites talk about 'Access act 92' not applying to new builds.

Thanks again for your time & assistance

[charitynjw]

Re: Access to Neighbours Land Query

It would appear that this may be covered by the Party Wall Etc Act 1996.

Have a look here
http://www.partywalls.org.uk/