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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20903
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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HI Following your previous question, I have a further question: Am

Customer Question

HI
Following your previous question, I have a further question:
Am planning a property development to adjoin the neighbor wall which is an end of a small terrace of houses, my house sits detached on the site, the neighbor has a gutter pipe, a flue and a discharge pipe all coming to the side of my property, i understand that i will have to leave access for the neighbor for maintenance even if redundant , my question is if the neighbor does not have access to these now - would there still be such a requirement (allow access)
I realised that there is an existing outbuilding / shed which prevents the neighbours access anyway unless go through the main house, whilst this never happened in my ownership i assume an allowance for similar arrangement in the future would be OK? (i.e. neighbor would have to knock on door for access as is the case today)
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Stuart J replied 1 year ago.


Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other
users, I might not always respond in
minutes
, particularly evenings and weekends. Please bear with me in that
case



It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.





Unless I have all the facts that I need, my answer
would not be accurate.



So what would be changing?

Have you spoken to the neighbour?

Customer: replied 1 year ago.

HI,


No i havnt actually spoken to the neighbor but what i realised is that the neighbor has not got access to these elements even now for maintenance,(there is a shed built in between the houses) that is unless he will ask me and i will provide him access via my house.


I was hoping that since the neighbor access is restricted to prior arrangement with myself that it will still be the case in the future once i rebuild the house


Please let me know if im not clear


 


Thanks


 


Adam

Expert:  Stuart J replied 1 year ago.


You don't have to provide un-restricted
access, you just have to provide access under Access to neighbouring Land Act
and if it is now via door, there is no problem with it being by a door in the
future

 



 



Does that answer the
question?



Can I help further?



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don't forget to positively rate my answer service (even if it was not what you
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t doesn't give me, "a pat on the head", "good boy" (like ebay), it is my
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If in ratings you feel that you expected more or it only helped a little,
please ask.



I am
offline shortly until later today and will pick this up then

Customer: replied 1 year ago.

HI


Great thanks, XXXXX XXXXX answer the question, I assume that also covers emergencies as prior you wrote that free access has to be kept for emergencies though I understand that since now they haven't got free access in emergency they are not entitled to in future either


Thanks


Adam

Expert:  Stuart J replied 1 year ago.
Correct. They have to have had something for 20 years before they acquire the right to use it.
Customer: replied 1 year ago.

Sorry am now confused, lets say the pipes are there for a long period (even 20 years) but they never had access to it (unless they go through my house) does this mean that the 20 years does mean that 1. they can only use it after 20 years but still only through permission to access my house.


2. assuming 1 is correct the same would apply for future once rebuilding my house


Are the 2 assumptions correct?

Expert:  Stuart J replied 1 year ago.
They have to have enjoyed (used the access) for 20 years to have acquired an easement. Even then it must be without consent which is an impossibility. The situation you have is no different than if you have huge fence with barbed wire . They must ask for consent to go through your gate to get access to repair.
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20903
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and other UK Property Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks a lot


i just tried to rate your service but said i dont have right to access?

Expert:  Stuart J replied 1 year ago.
THIS ANSWER IS LOCKED!
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Customer: replied 1 year ago.

Thanks, just to make sure i understand correct, i am NOT taking any further action (i.e. not trying again) unless you tell me so


Thanks again


Adam

Expert:  Stuart J replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
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Stuart J
Stuart J
Solicitor
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PGD Law. 20 years legal profession, 6 as partner in High Street practice