Access to neighbouring land advise

[cat-Kimb]

Hi Community

I need help please.

I have applied to the county court to have access to my neighbours land for essential repairs under the 'access to neighbouring land act 1992'. I have paid the fee of £332.00 to the court and the official process has started.

We are at the stage where the court has served notice and I have received an mail from my neighbour on the same day as they have received the notice to respond.

All of a sudden he is willing to give us access for 2 days between the hours I requested.

Now here is my question:

The condition from my neighbour for giving us access are a) we agree in writing to withdraw the County court claim or b) allow it to continue but do not apply for us to pay costs

If I agree to withdraw the claim and we have dates agreed in writing (via email) can he go against this agreement before these dates and I have to apply to the court again?

Would the advise be to let the application run to ensure that we have a court order to get access? I don't understand what he is referring to in regards to apply for them to pay costs. I need to put a ladder on their drive and seal 2 windows in, cover a fan hole and replace 2 bricks! There is nothing for them to pay.

Thank you!

[echat11]

Hi Kat - Kimb

It depends if they are genuine in their intent in allowing you to use their land, do you believe them?
I think the costs they are referring to are the court costs (the £332.00) you paid.

You could see if you could 'temporarily' halt the case so you can get your work completed, then withdraw the case. Explain to them that is what you will be doing.