Difficult neighbour

Our next door neighbour cannot access the side of his house and roof without coming into our garden. Any scaffolding needs to be, and has been in our garden.

We have always found that the best way to deal with issues like this is through friendly co-operation. Our other neighbours property does not form the boundary of our garden but the path between us is only about 3 foot wide in places. Once again, when they were building an extension we allowed them to take down our boundary fence to improve their access to the back of the property and they then replaced the fence when they had finished.

Neighbouring Land Act applies. If you own your property, there may be Conditions showing that access for repairs etc applies and your neighbour's landlord will more than likely have the same conditions on their property.

This is why any such arrangement should be properly documented.

It isn’t difficult to base a planning objection on interference with light but if the matter becomes contentious it may ultimately be necessary to instruct a specialist rights of light surveyor to establish whether there will be interference to an unlawful extent,

My friend agreed to her neighbour’s request to allow scaffolding to be put on her drive when an extension was being built which was very close to the boundary.Her drive was damaged, scratched and some blocks broken.
Her neighbour took exception to a claim being made and hasn’t spoken since, nearly two years now.
Also my friend’s light in her side facing kitchen has been compromised but as she didn’t object when presented with the plans and light is a difficult thing to object to she accepted the situation.

You can’t always just use scaffolding to gain access. It is often necessary for workmen to actually enter on the property.

The last time I allowed contrators to access a neighbours roof using mine to access they broke tiles and I had a leak - obviously this happened later and I had no way of proving they damaged my roof but I was left with a repair bill (roofer showed me the broken tiles)! So I don't entirely blame the neighbour for refusing - you can always use scaffolding to gain access from your own propoerty which my neighbour did when I refused the next time she wanted an aerial fitted!

Not 'the answer' but this Advice Guide may have a section that will help. www.citizensadvice.org.uk/housing/problems-with-neighbours/if-you-disagree-with-your-neighbour-about-a-wall-or-fence/

Germanshepherdsmum

The solicitor doesn’t need to spend an hour advising as the law is entirely clear - but the letter will carry much more clout than anything the OP sends.

Yes, I think this is the only way forward. I really don't understand why people have to be so difficult.

Germanshepherdsmum

I doubt the planners would be concerned unless one owner made a formal objection about the consequences of building right up to the boundary. Access for maintenance is totally impossible! And how was building regulations approval obtained if a gutter was omitted? Building so close to the boundary should involve a party wall agreement between the two owners if done after the Party Walls etc Act 1996 came into force - frequently ignored.

The extension was built early 1960 with full building regs .
As the property is old there is even a clause stating that there must be room for access of a horse and cart across the back of all our houses!

TinSoldier

Whenever I walk by houses where one (or both) have had side extensions built to the boundary leaving only a tiny gap between the houses, I wonder how they deal with gutters and exterior painting. This seems to be one of those cases.

It happens a lot around here with 1930s semis. In this example, they seem to have dispensed with side guttering altogether. Damp problem waiting to happen?

I’d be curious to know what happens at the planning stage or in any subsequent sales. Is the neighbouring property made aware of the Access to Neighbouring Land Act?

My property is very old , pre 1900. The extension at the rear was granted early 1960 along with a very large balcony off of the back bedroom so the recess we require to access is over 14ft from my back wall .
I am sure she is very aware of the act, she is far from silly but is just making it as difficult as possible.

biglouis

The other posters are correct. Access to Neighbouring Land Act allows access to maintain or repair existing structures - which yours is. Before paying out for a solicitor you could try looking up the Act or a site which explains it. Send a photocopy/print with a formal "letter before action" (via recorded delivery) warning the LL that you will have no option but to commence legal action in the event of a refusal.

You could point out that because you can show that you tried to reach an amicable agreement first the court may well take a dim view and impose any costs upon the party that is refusing access. So it would be very much to their advantage to negotiate an arrangement now.

Some people imagine that they simply have the right to go/send work people onto their neighbours property without first seeking permission but this is not so. My neighbour tried this within a few weeks of my moving in - sending workmen onto the property - and it soured relations permanantly. Had she come to me in a conciliatory manner beforehand and explained the problem I would have negotiated an agreement with her.

Yes , I was aware of this hence she was contacted beforehand so there was no act of trespass. Unlike my neighbours the other side whose workmen walked all over my property numerous times last year .

The solicitor doesn’t need to spend an hour advising as the law is entirely clear - but the letter will carry much more clout than anything the OP sends.

Grammaretto

A solicitor's letter will be a lot cheaper than a new roof.

Often Solicitors will give an hour's advice for free. Might be worth asking. Any letter would be extra, but might be enough to get things moving at a minimum cost - well as minimum as Solicitors' costs ever are!

I doubt the planners would be concerned unless one owner made a formal objection about the consequences of building right up to the boundary. Access for maintenance is totally impossible! And how was building regulations approval obtained if a gutter was omitted? Building so close to the boundary should involve a party wall agreement between the two owners if done after the Party Walls etc Act 1996 came into force - frequently ignored.

Whenever I walk by houses where one (or both) have had side extensions built to the boundary leaving only a tiny gap between the houses, I wonder how they deal with gutters and exterior painting. This seems to be one of those cases.

It happens a lot around here with 1930s semis. In this example, they seem to have dispensed with side guttering altogether. Damp problem waiting to happen?

I’d be curious to know what happens at the planning stage or in any subsequent sales. Is the neighbouring property made aware of the Access to Neighbouring Land Act?

gangan Have you told her that her own house is liable to be damaged f she does not give you access and that you will not take responsibility for repairs if her intransigence is the cause of the damage.

Put this to her formally in a letter or email and keep a copt together with her reply.

Gangan2

Katie59

I presume your builder could access the rear through your house, handing ladders etc trough windows, it going to be less effort than scrambling over a roof carrying ladders.

No unfortunately not. A bit complicated to explain but due to an extension you can't access the side wall other than going up from next-door low connection roof. It's a narrow tunnel between the 2 properties.

So are you saying that you have no back door and no windows facing the rear of your house.

If so then it is possible to erect a scaffolding bridge over your neighbours low roof, it’s going to be expensive but I suggest legal action or damaging the roof is going to be more expensive

The other posters are correct. Access to Neighbouring Land Act allows access to maintain or repair existing structures - which yours is. Before paying out for a solicitor you could try looking up the Act or a site which explains it. Send a photocopy/print with a formal "letter before action" (via recorded delivery) warning the LL that you will have no option but to commence legal action in the event of a refusal.

You could point out that because you can show that you tried to reach an amicable agreement first the court may well take a dim view and impose any costs upon the party that is refusing access. So it would be very much to their advantage to negotiate an arrangement now.

Some people imagine that they simply have the right to go/send work people onto their neighbours property without first seeking permission but this is not so. My neighbour tried this within a few weeks of my moving in - sending workmen onto the property - and it soured relations permanantly. Had she come to me in a conciliatory manner beforehand and explained the problem I would have negotiated an agreement with her.

silverlining48

If. It’s an old property it may be she is concerned about damage . I know someone who did agree but their roof was damaged and only repaired in a perfunctory manner after numerous requests which caused bad feeling.
In this case the person wanting access had extended to the boundary which is why they couldn’t access their own property.
Old houses have old tiles which can easily be dislodged by people climbing over them. I can see why the owner is reluctant. Difficult though I know, is there no other way?

No unfortunately not .

Katie59

I presume your builder could access the rear through your house, handing ladders etc trough windows, it going to be less effort than scrambling over a roof carrying ladders.

No unfortunately not. A bit complicated to explain but due to an extension you can't access the side wall other than going up from next-door low connection roof. It's a narrow tunnel between the 2 properties.

Your house insurance may give you legal assistance. It’s common on most policies and is separate to making a claim.

If. It’s an old property it may be she is concerned about damage . I know someone who did agree but their roof was damaged and only repaired in a perfunctory manner after numerous requests which caused bad feeling.
In this case the person wanting access had extended to the boundary which is why they couldn’t access their own property.
Old houses have old tiles which can easily be dislodged by people climbing over them. I can see why the owner is reluctant. Difficult though I know, is there no other way?

I presume your builder could access the rear through your house, handing ladders etc trough windows, it going to be less effort than scrambling over a roof carrying ladders.

Germanshepherdsmum

I doubt the landlady will budge without a solicitor’s letter. Perhaps the CAB can point you in the direction of one who isn’t too expensive. Good luck!

Yes, I think that will be my next step.

Very true .