1992 Access to Neighbouring Land act (Roof Access)

[nstrong]

Hi

I live in a semi-detached house and have an issue with a dormer window in the roof which is leaking and allowing a significant amount of rainwater to enter the building.

Because of the position of the window, and the proximity to a chimney, the roofer cannot place his ladder wholly on my roof, and needs to be able to hook a roofing ladder over my neighbour's portion of the roof in order to access the side of the window for repairs. My neighbour is refusing to grant permission to allow this.

I've read the Access to Neghbouring Land act, but it doesn't make reference to roof access.

Would this be covered by the Act?

Any advice gratefully received. Thank you.

[CLL1]

Re: 1992 Access to Neighbouring Land act (Roof Access)

You will need to argue that the works satisfy this section of the Act:

(2)On an application under this section, the court shall make an access order if, and only if, it is satisfied—(a)that the works are reasonably necessary for the preservation of the whole or any part of the dominant land; and
(b)that they cannot be carried out, or would be substantially more difficult to carry out, without entry upon the servient land;


Also, you can only use this process where the servient land owner has denied you access.

Also, serve a letter before action - you're more likely to get costs that way.

[nstrong]

Re: 1992 Access to Neighbouring Land act (Roof Access)

Thanks CLL1. It seems they have taken legal advice and common sense prevails. They have given permission (with a pile of caveats required by the Neighbouring Land act).

I received a letter last week from their solicitor, so work can go ahead and the only legal costs have been incurred by them so far! :-)