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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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How do i apply access order to my neighbours land to

Customer Question

how do i apply for an access order to my neighbours land to repair my gutter and fascia on my flank wall
Submitted: 2 years ago.
Category: UK Law
Expert:  Stuart J replied 2 years ago.
Has the neighbour refused access?Can we have the full background please? Thanks
Customer: replied 2 years ago.
The flaink wall of my house is on the boundary with my neighbours land. I need to repaint the wall and repair the gutter and fascia which are subject to an easement. my neighbours house is some 40 feet away from our house but his delapidated garages are only 4 feet or so from our flank wall. I need to have scaffolding up the side of the house to carry out the neighbour has stored there some asbestos corrugated sheets and they are in the way .he is telling me I have to pay to get the sheetsprofessionally removed and got rid of . the quote for this I HAVE IS 650GBP HE IS ALSO SAYING FOR HIS INCONVEVIENCE OF WHICH THERE IS NONE HE WANTS 120GBP PLUS HE SAYS 40GBP AN HOUR FOR SOMEONE TO KEEP AN EYE OM SCAFFOLDERS/BUILDERS WHILE THE WORK IS BEING CARRIED OUT. What are your thoughts on this?
Customer: replied 2 years ago.
is anyone there???
Expert:  Stuart J replied 2 years ago.
Section 1 of the Access to Neighbouring Land Act 1992, you are entitled to access to the neighbour’s land for any work required to “preserve” (maintain) the property. You are probably already aware of that. It doesn’t have to make the order it would cause undue inconvenience to the neighbour which, as he prepared to take money for it doesn’t seem to be the case. There is no provision for him to get money I might add although you are under a duty not to provide nuisance and to get the work done as quickly as possible. Under section 1.6 any works which “is requisite for, incidental to or consequential on, the carrying out of those works shall be treated.. Is carrying out the works.” That means (although there is no case law that I am aware of interpret it, the meaning is reasonably clear) you could put scaffolding up provided it’s not going to be there for an undue period of time or cause nuisance. As I said earlier, there is no provision to pay him. However if the asbestos sheets need moving or removing then you would be responsible for the cost of that although if you’re going to move them somewhere else and then move them back it’s probably going to be cheaper to actually simply dispose of them. If these are asbestos roof sheets, they are not inherently dangerous unless broken up and they can be simply taken to the council tip. How do I know that?, because my council has a specific skip at my disposal facility which takes asbestos sheets (not every recycling centre has it so you will need to ask the council were to take it). So in conclusion, you can put the scaffolding up, you can have access to do the work, you cannot cause nuisance or inconvenience must get the work done as quickly as possible, you are responsible for moving and removing the sheets. I can’t see that it should cost £650 to do that unless there are thousands of them. You cannot compel the neighbour to do the work and you cannot compel the neighbour to move or remove the sheets even if you actually pay him You might want to print this answer out and show it to the neighbour Does that answer the question? Can I answer any specific points arising from this?