Boiler broke neighbour refusing access to garden

faerielight

My boiler has broke and I have bought a new one. I have a really difficult neighbour who I share the freehold with, she is refusing access to her garden where the flume is, and denying that the flume is there. Not sure how to proceed, as the leak is really bad and the boiler is unstable, so it needs replacing, and the installation was booked for tomorrow. She won't give me a contact number or email either so I can't get the company to contact her.

stator

Do you really need her permission to do it?
Is there a locked gate in the way? Can you climb over it?
The best solution would usually just be to get on with it and if they complain, apologise and get on with your life.

moneyistooshorttomention

"Access to Neighbouring Property Act" gives the legal right for access to neighbouring property for "necessary maintenance".

This is obviously "necessary maintenance".

I wonder whether a solicitor letter to her stating this fact might help??

faerielight

thanks guys. access to her garden is via wooden steps above my flat which passes her kitchen. Good to know I have legal right to carry out neccessary repairs. Communicating with her is tricky, as she will only do so via notes under our doors! .. so frustrating.

tacpot12

The problem with the "Access to Neighbouring Property Act" is that it requires a court order to grant access. This is clearly not going to be possible with the installation being booked for tomorrow.

The installation company will be wary of being involved in an act of trespass. They will be trespassing if you don't have a court order.

I think the OP needs to explain to the company that she cannot get access to the neighbours property, and ask if the installation can be done without accessing the neighboring property. Depending on the model of flue fitted, this may be quite easy or impossible. An offer of money may persuade the installation company to agree to complete the install without access to the neighbouring property. The same offer of money might persuade the neighbour to allow access.

Potentially, the boiler flue could be taken out via another route so that it does not require access to the neighbour's property. This is the best long-term solution but will add cost and may need the installation to be delayed to allow the right parts to be purchased. I think I would look at this option first, as a court may not grant an order under the "Access to Neighbouring Property Act" if the option of re-routing the flue is viable.

m0bov

Just get the work done, the police won't do anything as its a civil matter. If SHE gets aggressive, then YOU call the police. It sounds like a safety issue so I would just go ahead. Whats the worst the neighbour can do?

tacpot12

m0bov is correct, trespass is a civil matter, but if you can persuade the installation company to trespass, the neighbour can also use reasonable force to remove the trespasser, and they can sue the trespasser. I think it very unlikely that the neighbour will use any force or sue.

I'd be interested in hearing what happens with this problem.

jrrowleyws

Are you allowed to have a flue discharging outside of your own boundary?

faerielight

thanks for all your replies. The boiler company dropped round a letter asking permission, and she did respond agreeing to, phew! I think they could do it without, but it would have been tricky.

I still wish she would give me a contact though, for emergencies, as I think if there was a leak or something and she was away, it would be a nightmare.