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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My appartment backs onto playing fields which have been sold

Resolved Question:

My appartment backs onto playing fields which have been sold to a builder. The gap between my property and the boundry fence is about 2 feet wide which makes any maintenance required impossible because of the danger involvrd in using a ladder and not room enough for a tower.
How do I go about getting an easment on the property behind me for ladder/tower access.

My neighbour has the same problem
Many thanks
Roger Thorpe XXX@XXXXXX.XXX
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.
Hi Roger,

Is the problem basically that you need access to the builder's land in order to carry out maintenance to your property and/or boundary?

Tom
Customer: replied 2 years ago.

Yes but mainly that I can, in the future when necessary, access the garden of the new house being built at the back of my property

Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience.

If the builder s not acknowledging your right to access his land for the purpose of maintaining your own then you need to make him aware of the Access to Neighbouring Land Act 1992.

This act gives you rights (which you would need to enforce via court) to access neighbouring land to maintain/renovate/repair your own property. As long as the access relates to the preservation of an existing structure (such as your property or the boundary. If it does then the Court will make an order granting you the right to access the land provided that it does not impose hardship upon the neighbour or reduce their capacity to enjoy their own land.

You need to make them aware of this, citing that the properties that they build would enjoy the same rights over yours. Ask for his formal permission to access the land within 14 days of the date of the letter and state that you shall apply for a Court order under the above act as well as a money judgement against him for your costs.

If he does not reply, or refuses, then you will have to apply for an order at County Court.

It might also be worth downloading the Land Registry title for your property to see if there is a right granted expressly in the title to access the neighbouring land for the purpose of repair. This would buttress your claim but it’s not strictly necessary because you can avail yourself of the above act, but t would certainly strengthen your claim of costs against him.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6522
Experience: BA (Hons), PgDip, Practising Solicitor
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