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Matthew J
Matthew J, Solicitor
Category: UK Law
Satisfied Customers: 671
Experience:  4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
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I have purchased an old building with planning permission to

Customer Question

Good morning. my name is***** I have purchased an old building with planning permission to convert it into two dwellings. I plan to do this work with my son as a "self build" operation. two of the elevations form the border with the neighbouring churchyard and I will need to erect scaffolding on the church land to renew the roof and replace damaged walls. If the Church authorities refuse permission am I able to make an application to the county court for an access order?
Submitted: 1 year ago.
Category: UK Law
Customer: replied 1 year ago.
I asked this question three day ago. When will I receive a reply?
Expert:  Matthew J replied 1 year ago.

Hi there. Sorry you have had to wait for a reply. I am happy to help. Do you know if, when you purchased and so in your deeds, were you advised by your solicitors you have any rights of entry to the neighbouring land? have you asked this specific question to them?

Customer: replied 1 year ago.
I know that I have no specific right in the deeds. It is possible that the neighbour may simply give me permission. I need advice on whether I can apply to the county court in person, for an order under the access to neighbouring land act 1992, in the event that the neighbour fails to give permission.
Expert:  Matthew J replied 1 year ago.

HI, thanks. I thought that may be the case, I was just checking. When you renew the roof and replace damage walls will any part of the conversion of the property be completed at the same time?

Customer: replied 1 year ago.
Hi Matthew, Yes the intention is to commence the conversion to residential in January 2016 and complete and occupy by September 2016. The replacement of the roof covering and the walls will form an integral part of the conversion project.
Expert:  Matthew J replied 1 year ago.

Thanks. Any application under the access to neighbouring land act would have to be for the maintenance or repair of the existing property andthe problem I see is that conversion doesn't come into the definition of the act. Because you are carrying out substantial other work I am afraid it is unlikely you would get a court order. Hopefully you will be successful with a formal request for permission. I am sorry this may not be the advice you wanted but I trust I have helped. Do ask any follow up questions or please leave positive feedback so I can be paid for my time.