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Want to maintain house, neighbour objecting

5 replies

itsme123 · 29/04/2007 11:25

Wonder if anyone can help me with a problem i have or has any similar experience?
We are doing a lot of work to our house and we need to be able to get onto the roof to install some flashing to prevent leaks and alos some other minor works.
We have had numerous discussions with her in the run up to the work commencing and keeping her informed as to what we were doing and how and if it would affect her property. (her property is an empty old barn that is in need of total repair) She has had various experts out to view re PWA, scaffolding company etc.
Originally the neighbour offered to pay half for this as it will benefit her property too. She is all but refusing to let our builders do the work. She has insisted the builders retain the moss that exists on the boundary roof as she likes the look of it (?????)
Personally i think part of the problem lies in the fact she knows her roof is not that safe.
we have tried being nice and reasonable and i am wondering if i should consult a solicitor; although the extra expense we could definatley do without. Anyone any suggestions?
tia

OP posts:
Freckle · 29/04/2007 11:31

Whatever you do to your property, subject to planning consents and any restrictive covenants, is up to you provided it doesn't adversely affect her property. Instruct your builders to do only what you tell them to and not to take any notice of her if she starts interfering.

If anything you are doing does affect her property, you may need her consent.

itsme123 · 29/04/2007 11:37

thanks freckle.
we have obtained the correct planning permissions etc (she did complain at the time)
It would make our builders life easier to use her roof to get to one or two bits of our roof and we have explained that to her and how we would do it putting as little strain as poss on her building etc.
As things stand we cannot get the flashing in nor put up adequate drainage etc.
V frustrating...
x

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Lilymaid · 29/04/2007 12:05

If you consult a solicitor, ask if there is anything that can be done under the Party Wall Act although it is always better to come to an amicable agreement.

Freckle · 29/04/2007 12:54

If she won't give you permission to go onto her land to carry out essential maintenance, there is an act which might help. The Access to Neighbouring Land Act 1992 gives you the means to get a court order to enable you to carry out essential work. You would need to consult a solicitor.

Do check your title deeds though. There may be a right already provided in the deeds which gives each of you a reciprocal right to go onto each other's property for this purpose.

itsme123 · 29/04/2007 14:36

Thanks ladies. Have already negotiated our way through the PWA and will now check our title deeds as suggested; although i do suspect that no access is mentioned.
will consult solicitor as last resort.
thanks again

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