Announcement

Collapse
No announcement yet.

Access enquiry

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Access enquiry

    Hello everybody,



    I wondered if anyone could give me a little advice? My neighbours are typical serial bullies and it would be very unpleasant to have them on my property.

    I live in a detached house in a road full of detached houses but the amount of space around the houses isn't enormous. I would have thought that if it was possible to access your house for re-painting (or whatever) from your garden then you should do that even if it's more expensive or inconvenient that way - am I wrong?

  • #2
    Hi Targeted and welcome to the forum



    Just a few queries, to give members a fuller picture Have you checked your deeds to make sure whether there are any clauses in it relating to access? Is it open plan-syle gardens, or enclosed? Have your neighbours claimed they have any rights to access your property to carry out maintenance on theirs?



    Regards,



    Sapph

    Comment


    • #3
      Hi Targeted and welcome to the Forum



      Can I just check with you, are your neighbours wanting to use your garden to do work on their house? Have they contacted you about this and if so, how?



      I would have thought that people would normally want to just use their own land/property when doing maintenance work, however, if you have problem neighbours, then their behaviour changes and they tend not to be considerate or reasonable.



      Sometimes, I think it depends on the kind of work that is being undertaken and you'd need to check in your deeds to see about easements/ access rights to your neighbours property.



      If you haven't checked out the Self-Help Articles on the Home Page, can I suggest you have a look as you may find some useful tips there:



      http://www.nfh.org.uk/resources/Articles/index.php



      Another site which you may find useful is:



      http://www.boundary-problems.co.uk/



      Please visit us often to check replies from members, I'm sure others will be along soon to give you advice and support. Welcome again.

      Comment


      • #4
        Hello,



        Thanks for your replies.

        I checked the deeds, no right of access mentioned there.

        The gardens are the normal kind enclosed by panels. It's possible to walk around each house from front to back in a circle - not too much room at the sides but enough to rig some kind of support.

        Comment


        • #5
          I would tread carefully here. They can rely on the Access to Neighbouring Land Act. If they do I would be inclined to ask to see any insurance they have to protect your property. i.e. what would happen if their ladder fell in one of your windows - who would pay for the damage. I would not give access without these assurances. If they want access for maintenance and you are concerned let them apply to the courts first.
          PYRAMID

          Comment


          • #6
            Pyramid,

            The access legislation is:-







            1.—(1) A person—

            (a) who, for the purpose of carrying out works to any land (the "dominant land"), desires to enter upon any adjoining or adjacent land (the "servient land"), and

            (B) who needs, but does not have, the consent of some other person to that entry,

            may make an application to the court for an order under this section ("an access order") against that other person.



            (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;

            but this subsection is subject to subsection (3) below.



            (3) The court shall not make an access order in any case where it is satisfied that, were it to make such an order—

            (a) the respondent or any other person would suffer interference with, or disturbance of, his use or enjoyment of the servient land, or

            (B) the respondent, or any other person (whether of full age or capacity or not) in occupation of the whole or any part of the servient land, would suffer hardship,

            to such a degree by reason of the entry (notwithstanding any requirement of this Act or any term or condition that may be imposed under it) that it would be unreasonable to make the order.



            (4) Where the court is satisfied on an application under this section that it is reasonably necessary to carry out any basic preservation works to the dominant land, those works shall be taken for the purposes of this Act to be reasonably necessary for the preservation of the land; and in this subsection "basic preservation works" means any of the following, that is to say—

            (a) the maintenance, repair or renewal of any part of a building or other structure comprised in, or situate on, the dominant land;

            (B) the clearance, repair or renewal of any drain, sewer, pipe or cable so comprised or situate;

            © the treatment, cutting back, felling, removal or replacement of any hedge, tree, shrub or other growing thing which is so comprised and which is, or is in danger of becoming, damaged, diseased, dangerous, insecurely rooted or dead;

            (d) the filling in, or clearance, of any ditch so comprised;

            but this subsection is without prejudice to the generality of the works which may, apart from it, be regarded by the court as reasonably necessary for the preservation of any land.



            (5) If the court considers it fair and reasonable in all the circumstances of the case, works may be regarded for the purposes of this Act as being reasonably necessary for the preservation of any land (or, for the purposes of subsection (4) above, as being basic preservation works which it is reasonably necessary to carry out to any land) notwithstanding that the works incidentally involve—

            (a) the making of some alteration, adjustment or improvement to the land, or

            (B) the demolition of the whole or any part of a building or structure comprised in or situate upon the land.

            (6) Where any works are reasonably necessary for the preservation of the whole or any part of the dominant land, the doing to the dominant land of anything which is requisite for, incidental to, or consequential on, the carrying out of those works shall be treated for the purposes of this Act as the carrying out of works which are reasonably necessary for the preservation of that land; and references in this Act to works, or to the carrying out of works, shall be construed accordingly.



            (7) Without prejudice to the generality of subsection (6) above, if it is reasonably necessary for a person to inspect the dominant land—

            (a) for the purpose of ascertaining whether any works may be reasonably necessary for the preservation of the whole or any part of that land,

            (B) for the purpose of making any map or plan, or ascertaining the course of any drain, sewer, pipe or cable, in preparation for, or otherwise in connection with, the carrying out of works which are so reasonably necessary, or

            © otherwise in connection with the carrying out of any such works,

            the making of such an inspection shall be taken for the purposes of this Act to be the carrying out to the dominant land of works which are reasonably necessary for the preservation of that land; and references in this Act to works, or to the carrying out of works, shall be construed accordingly.



            Terms and conditions of access orders.





            It's a bit of a mouthful, so take it in small chunks!

            It does make sense!



            Best of luck



            Caldas.

            Comment


            • #7
              Hi again information about the Access to Neighbouring Land Act 1992 is here:



              http://www.nfh.org.uk/law/access_to_neighb..._1992/index.php



              Hope it helps, and thanks caldas for pointing that out

              Comment

              Working...
              X