UK Property Law
Get UK Property Law Questions Answered by Experts
I need a bit more information please. I am going off line shortly and will be on and off all day (experts on here are also practising lawyers) but will be back later (on and off) today when I will deal further once I have your reply.
Neighbour cannot access her electricity meter due to a roller shutter door on my property. The roller shutter door has planning permission. This was in position before I bought the property.
I have offered to move the meter so the neighbour can have access but they have refused. Instead they have insisted I move or remove the roller shutter door.
What access rights do they have to the meter?
Can they legally insist I move or remove entirely the roller shutter door?
If I do nothing what would be the implications if I sell my property or the neighbour decided to sell their property?
Thanks. The planning permission is immaterial. You are hindering access.
This seems like an alleyway between two properties witha flying freehold. Does the neighbour have accessd own the alley in the deeds?
I assume that the neighbour has a key to the roller shutter. If not they should have one. The matter of your tenants is easy enough, it is put into the AST that they have to give access.
If you or the nighbour tried to sell now, then you have to disclose the dispute.
This is not a dispute at this time.
It is not an alleyway between the two properties, this driveway is part of my property therefore I own this area.
There is no mention in the deeds to my property of access to this area owned by me. The neighbour does not have access to my driveway in any deeds. It is my private property.
Thanks. They have probably acquired a precriptive easment then over your property allowing them to access the meter. You are fettering that access with the roller shutter.
The neighbour has to be able to access their meter for safety reasons if nothing else. What would happen if you were on holiday. The main fuse is in the meter box.
I assume the meter pre-dates the shutter
They dont have to accept having the metter moved even if you pay all the costs.
I think that if you went to court you would either have to give them a shutter key or move the shutter back. I would have thought that shutter move was cheaper.
I appreciate that this isnt the answer that you want.
There is no prescriptive easement allowing access to the meter.
However I take your point about an emergency and you are correct, the meter does probably pre-date the shutter (as far as I am aware).
I am happy to provide a shutter key in principal, however this may be problematic for future tenants (e.g. safety of small children etc) which would need to be written into the AST. The other option is to write into the AST that the tennant has to provide access when requested as you suggested earlier. Although this still does not overcome the problem of access in an emergency.
Moving the meter is almost certainly going to be cheaper than moving the shutter.
I am still baffled as to why they won't agree to a meter move.
I'm just about to leave the office. Then I have a few domestic things to do but I will be back later on this evening and I will reply to you fully then.
I'm sorry I'm just having a few PC problems and will get back to you as soon as possible. You do not have to reply to this post.