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Neighbours access to my property

8 replies

Digon · 22/07/2024 10:23

My late 90 yr old mum didn’t object to her neighbour building a side extension but didn’t realise it was going right up to her boundary line . She put up with scaffolding right outside her back door for a year making her kitchen very dark. just giving some background information. As my mum has now passed away we are selling the property. The neighbour has informed us he wants the new buyer to sign a right of access agreement for maintenance. He has purposely left a gap at the end of the extension to gain access to the property, of course he must build up the gap but does he have the right to demand an agreement? Thanks for reading

OP posts:
courgettes4eva · 22/07/2024 10:30

we can’t answer this op
solicitor and go to them with the land registry and deeds

Dartwarbler · 22/07/2024 11:00

Whilst I don’t disagree to take legal advice, you paying a solicitor is unreasonable as it’s not your issue.

you are best asking citizen advice or if you have legal help on your insurance go through that

on the face of it though, unless your mum had a party wall agreement to this affect she signed, or it is already in the deeds thst there is “easement “ across the land registered in you/your mums name for the purpose of maintenance , then the neighbour has no legal grounds to demand it

they can ask you to include it on deeds as a new easement right - I’d refuse point blank. It could be a real problem for sale and house value to some people. They can ask the new purchasers to sign an easement (usually they would need to pay a sum in compensation) but the neighbour could refuse and there’s nowt the person can do. It is your land and no one can insist on easement rights being given if they don’t exist already, or there’s another legal document stating access

check your and their deeds first to see if you can see any easement rights or covenants or party wall stuff that maybe indicate they already have rights to your land. It’ll cost you around £6 and take 24-48 hours if you go on line. You just need postcodes and numbers of each house. Dead simple.

id also be inclined to go into plans submitted to planning department and see what plans show as gap ? I’d be a bit surprised if building right on boundary isn’t clearly shown on plan. Check the plans vs boundaries. Make sure he’s only built on what he got planning consent for. Again you can get online form council with a bit of digging.

if I can’t see anything in either deed or on planning consent suggesting they have legal access already, I’d then , at next asking, simply respond to neighbour with what legal document they have to claim access for maintenance already? If they look bemuse or say there isn’t one and that’s what they’re wanting, just shrug and say sorry you are not going to do that. End of matter.

The fact they’re “wanting new buyer to “sign a right of access” (easement) strongly suggests he has no legal rights . In which case tough shit. Should have thought about that before you built.

you certainly should not and cannot agree to your perspective buyer signing anything to give easement rights. Thst could land you in a complex legal situation around misrepresenting if neighbour tries to use it with new owners to say you’d given verbal contract or informal precedent etc.

And in meantime do NOT allow them to access your land for maintenance. Absolute not. Close up any access gap with boundary fence . Immediately .

once you’ve got the info re deeds and planning consent, as I say get advice form citizen advice or your insurance legal aid, to just check your rights.

I had a similar thing with a previous house. New buyer came in to property next door (that also owned a business next door to thst) and wanted me to “sign a few legal things about his deeds - just admin and he’d cover costs and deal with all solicitor” in return for him chopping back a nuisance tree I’d asked him about . And he wanted me not to object to his planing consent for extension. I checked his deeds. Turned out he wanted to revoke the covenant he was burdened with by our land holding not to operate a business on his land. And probably had intention of expanding business onto the property next door, We hadn’t actually realised we had benefit of this covenant. Stupid twat for thinking I was a little stupid womin who wouldn’t understand. He kept pestering and saying “if you want me to cut tree back then this is how it works and it is give and take”. Told him if he was that passionate about tree I would of course back down and just cut branches on my side. He was not a happy bunny when the fellers arrived on my land 🤷🏼‍♀️🤣🤣

Dartwarbler · 22/07/2024 11:11

Just found this on line too.

seems like, even without a legal easement right in deeds or party wall , they could theoretical appeal through courts for access. BUT the court would only give one off access if they believe it’s absolutely necessary and reasonable and you/the owner would need to be compensated for inconvience.

however,that would need them to spend a chunk of money taking it to court . They’re not going to do that in a hurry

https://www.lawcomm.co.uk/blog/neighbouring-land

I need to go onto my neighbour’s land to repair my property, but they have refused consent – what rights of access do I have? - Lawcomm Solicitors Blog

Property dispute, neighbour dispute, access to neighbouring land, party wall, boundary dispute, surveyor, mediation. by Bill Dhariwal

https://www.lawcomm.co.uk/blog/neighbouring-land

Rollercoaster1920 · 22/07/2024 11:18

Obviously say no to the easement because that is at detriment to the property (and would prevent you building to the boundary).
They could get access under the Access to Neighbouring Land Act 1992 for maintenance works. Don't tell them that though.

Digon · 22/07/2024 11:28

Thankyou both so much for the above information, I was going to go straight to the solicitor but as was said why should I pay them for what is his own doing. I feel he took advantage of my mums advanced age and not wanting any bad feeling if she contested the extension, she had no idea how close it was going to be to her back door.

OP posts:
Gamergirl86 · 22/07/2024 11:33

Hi OP,

I'm not an expert but I think access to a neighbouring property for 'essential maintenance' is legal anyway so I don't know why they would need a signed document.

I would perhaps ask a solicitor (the one you have dealing with the sale would know) and then sit down and explain a doc isn't necessary.

On a side note as a buyer it would definitely put me off if I had to sign an access agreement.

Access to shared land ie drives etc is usually included on the conveyancing paperwork and also doesn't require additional agreements.

I would be very wary of agreeing to anything without expert advice.

Good luck

Digon · 22/07/2024 13:01

Just confirmed with the Royal Institute of Chartered Surveyors free helpline that he hasn’t got the right to a signed agreement as is said above. Many thanks again for your time replying it is much appreciated.

OP posts:
BrigadierEtienneGerard · 22/07/2024 14:31

Surely the first question, is: "How much will you pay me for this?"

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