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  • Help!

    I am a home owner and live in a mid terraced house and have had problems with my neighbours since they moved in 2 years ago. I have come to terms with the noise - mostly from the kids but now have a problem.



    I have a small conservatory on the back of my house which has been erected for several years. I need a repair carried out to stop a leak. The repair can only be done from my neighbours side (who is end of terrace and has a side entrance). They have said tha there is no way anyone is coming into their Garden to carry our repairs on my house.



    Do I have any options? I'm at my wits end. :sad:

  • #2
    Is the part that needs repairing a party boundary/structure between your two properties? If it is, then you have every right of access to his property to perform the repair under the Party Wall act 1996, as long as due notice is given to him in writing. (see http://www.nfh.org.uk/law/party_wall...996/index.php)



    If is isnt a party boundary, then you may have recourse under the Access to Neighbouring land act 1992 (see http://www.nfh.org.uk/law/access_to_neighb...1992/index.php. This basically involves making an application to a court to issue an order against your neighbour, forcing him to let you onto his land to perform the repair.



    Having said that, I would suggest mediation between you before any legal processes start up. Have a look at this self help article on dealing with a NFH - it has information about the mediation process.



    http://www.nfh.org.uk/resources/Arti...ints/index.php



    Good luck



    FF
    Howard:"You wanna be careful, before you know it you'll wake up in a bush singing songs about brooms"



    Vince:"You don't know anything about me. Do you know anything about me?"



    Howard:"I know...of you"



    Vince:"Yeah, well, if you knew me you'd know that I don't sing songs about brooms...I sing songs about love...

    Lovely lady with the eye

    Lovely lady with the eye

    You've only got one but it's a good one

    Lovely lady with the eye, the eye, the eye, the eye, the eye

    coming forward on a string, thats not normal, urgh

    Yeah! I'm in a band..."

    Comment


    • #3
      Hi there,



      Just to add to FF's brilliant advice - when you've sorted the conservatory issue or alongside that you might decide to also tackle the noise problems too, you shouldn't have to live with these as a matter of normal living.



      The noise article here:



      http://www.nfh.org.uk/resources/Arti...oise/index.php



      Will guide you through things.



      Can I ask too - does your neighbour own or rent their property?



      I agree with FF, use the legal route as a last resort, it could be pricey and stressful. Mediation is an option, and perhaps you could also try writing to your neighbours in another semi-informal attempt to gain access for your repair. Perhaps you may be able to point out too that leaving the repair may cause damage ultimately to their side/their property and it's in their interests too?



      Good luck and let us know how you're getting on.

      Comment


      • #4
        Hi Idnh and welcome



        Some people just don't know the meaning of the word 'neighbourliness'. Sorry to hear you live next door to one of them



        Hopefully the advice given by other members will set you on the right path to finding a solution. I can only offer sympathy



        Good luck, come back as often as you need to; you'll get lots of support and advice



        Misty
        "Almost anything you do will seem insignificant, but it is very important that you do it. You must be the change that you wish to see in the world." Gandhi

        Comment


        • #5
          Hi IDNH and welcome,



          I hope that the help and links posted help you with your repair issue.



          I hope that you can get this resolved without going through the courts



          Blue Cow

          Comment


          • #6
            Hi Idnh and welcome to the NFHiB Forum Board



            I was just wondering what kind of reason (if any) your NFH had given for not allowing you access to carry out the repairs? Although, we do all realise here that NFH tend to think they are above anything and everything and don't have to provide reasons, but just wondered...



            The other place you might want to look, is on your deeds to see if it says anything about access in there. I know that in one of your previous homes, there were some very clear items about repairing access to neighbouring properties. Just thought that it might be worth a look if you haven't already.



            Hope all of the information so far will help you out. Please let us know how you're getting on.



            :nfh1:

            Comment


            • #7
              Hi Idnh,



              Welcome to the Forum



              Just wanted to say that you have already been given great advice .



              What horrible creeps your unfortunately reside next to . it doesn't make sense - surely it's in their interests too to have this repair carried out? :blink:



              I also wanted to say that I have evil NFH's who refused me access over their garden to carry out works too. They actually sent a solicitor's letter to me stating that they would refuse access - but they had absolutely no right at all to state this because the deeds of both our properties clearly state that you must allow access for repairs and building works when required.



              So please check your deeds, it could be in black and white that they must give you access.



              Please let us know how you get on :unsure: .



              Mazza



              :ban:

              Comment


              • #8
                hi.

                have you tried going to talk to them. its the season of goodwill after all. maybe you could send them a xmas card or just pop over and ask why they dont want to help you out. maybe its a big misunderstanding from ages ago.

                you never know. anythings worth a try

                Comment


                • #9
                  Thank you all for your help and avice - my neighbour has relented and has said I can have access - thank you for your help. If nothing else it has given me the strength to act.

                  Comment


                  • #10
                    Hi IDNH,



                    That's really good news. I hope that the repairs go well.



                    Good luck with your neighbour.



                    Blue Cow

                    Comment


                    • #11
                      Nice



                      FF
                      Howard:"You wanna be careful, before you know it you'll wake up in a bush singing songs about brooms"



                      Vince:"You don't know anything about me. Do you know anything about me?"



                      Howard:"I know...of you"



                      Vince:"Yeah, well, if you knew me you'd know that I don't sing songs about brooms...I sing songs about love...

                      Lovely lady with the eye

                      Lovely lady with the eye

                      You've only got one but it's a good one

                      Lovely lady with the eye, the eye, the eye, the eye, the eye

                      coming forward on a string, thats not normal, urgh

                      Yeah! I'm in a band..."

                      Comment


                      • #12
                        Great result, have a good christmas.



                        GG. :jump: :jump:

                        Comment

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