The wall of my house is adjacent to my neighbours garden with no space between.He is denying me access to have harling on wall repaired; this is not for cosmetic purposes but to prevent water penetration.There is nothing in my nor in his title deeds giving me access - I got a copy of his title deeds from the Land Register.What steps can I take to get this work done.The location is an East Coast fishing village.
Hello thank you for your question. No work can be carried out on the neighbour's side of the wall without his consent unless the wall's strength is impaired or the stability is undermined if no work is carried out. A report would be required to be instructed from a building expert to show there is a significant danger to the stability/strength of the wall if no harling repairs are carried out. If a favourable report was obtained then a court action may be raised to seek a court order requesting the neighbour carry out the works or to allow you access to carry out works. I hope that helps. Please press ACCEPT so I am credited for my time. Best wishes, Brevi.Brevitatis Causa40859.8284680903
I would like to be sure that I have explained that the wall in question is the wall of my house , not a dividing garden wall. Does your answer still hold?
Hello again, if you can prove that the harling is necessary to prevent water penetration which would impair the stability and strength of the house wall then a Sheriff court may order your neighbour to provide you with access. You will need to consult a solicitor to prepare the necessary court papers and obtain a favourable expert report. I hope that helps. Please press ACCEPT so I am credited for my time. Best wishes, Brevi.
Are the conditions you refer to, viz "strength and stability" the legal requirements which would be strictly defined or are these terms which could be open to broader interpretation?
I ask this because I do not forsee the penetrating water causing the wall to collapse but have been advised by the builder that damp will penetrate through to the inside of the house walls.
Thankyou for your further help.
Hello again, if the wall not being harled would damage your property then a sheriff may feel that the works are necessary. So the terms strength and stability is not the legal test and the wider concept of damage would be considered by the sheriff. If the damp will go through your house then that could cause damage and if a buikder's report is obtained and you are able to show the necessity of the works and the prejudice you would suffer of no access, damage caused by damp, then a Sheriff may decode to order access for workmen to carry out the works. I hope that helps. Best wishes, Brevi.
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