Neighbour refusing to allow us to erect scaffolding to repair leaking roof

[Dynamix]

We have an old and leaking roof on our cottage that needs to
be repaired as part of home maintenance. The roofer has told us that in order to replace the roof we would need scaffolding on the neighbours side of the boundary. This would be there for 1-2 weeks tops. Our extremely unpleasant neighbour has point blank refused saying it will happen ‘over my dead body’ expletive expletive, despite us asking very courteously. This is obviously extremely distressing as we are left with a situation where our work cannot go ahead and we are left with a leaking roof doing damage to our property.

I’m appealing to the Mumsnet hive mind on what steps to take next. I think as it’s essential maintenance he ultimately can’t refuse, but there’s a lot of conflicting advice out there and we have no money for lawyers etc, as we can just about manage the cost of the repairs. Any ideas on the best way to get this resolved, bearing in mind that knowing this man I think it’s highly unlikely he will change his mind.

This.

but it wouldn’t damage the patio.

there is the potential that the scaffolding could crack paving stones etc.

I get that this is an emergency repair but I do think you need your roofer needs to find an alternative solution. There will be one

this is my biggest fear. My semi attached neighbours built a dodgy lean to so you can’t get from the front to the back of the house without going through their house

if they need anything doing in their back garden I’ve a feeling they want to remove the fence panels and use my garden as access. Based on the cowboys they’ve employed in the past it ain’t going to happen

Doesn't matter. It would still be trespass.

I think this is what a party wall agreement is for. In the absence of being able to obtain an agreement, you get a party walk surveyor to give survey the area and they can essentially force access. It was (I believe) originally envisaged for those who share a party wall, but also includes those who share boundaries who require access. Legal advice might be the best bet, but I’m pretty sure for essential maintenance you have the right.

If it's for essential maintenance can you afford to lose in court?

It will happen.

Sorry a quick google informs me I’m wrong, a PP who referred you to the accessing neighbouring lands act (1992) is correct.

Given OP has the right to access the land for essential work as long as she gives notice I don’t think overhanging scaffolding would be seen by the court as tresspass

I absolutely get your point @VeniVidiWeeWee. What’s classed as essential, a new paved garden, a new shed or just a leaking roof?

the lack of access is completely down to my neighbours decision to block off the side of their house, their land their decision, they’ve just not thought it through

Surely if the neighbour can access their back of the house/garden through their house, ontheboardwalk would not have to allow access through her garden? 🤷🏼‍♀️