Neighbour refuses access to land

Tessam

Hello,
Our neighbour who we thought we had a good relationship with just refused us access to their land to fit a window on the ground floor non-opening with obscured glass looking out onto a brick wall with no windows there as she just doesn’t like the “change”. It is her right to refuse I believe and our house is directly on the property line. Is there anything we can do to still have the window?
Is it possible to build it from the inside only?
Any advice massively appreciated as we are gutted as our middle room has no external light whatsoever and it is not readable to knock through the wall for various reasons.

Browntoa

You have a lot of trouble with neighbours ..

Your other thread

https://forums.moneysavingexpert.com/discussion/comment/75677657#Comment_75677657

Davesnave

Any builder would have difficulty breaking through the wall to make the opening without dropping large amounts of bricks and mortar on your neighbour's land, which wouldn't be neighbourly.


The Access to Neighbouring Land Act provides a legal way to gain access to a neighbour's property for maintenance, but this is new building, albeit just a window, so it probably wouldn't apply.


I think the answer might lie in crossing your neighbour's palm with silver or borrowing light from another room. You could just go ahead and do it, banking on the chance that the neighbour would do nothing of much import, but you'd have no right to light there and no come back if the neighbour decided to block the light in some way, say by putting up a shed.

Tessam

It’s the same neighbour. We never had any problems other than the airbricks and she recently replaced her gate and screwed new holes into our house without even telling us and we didn’t blink twice. Now I’m considering telling her to put it down as I’m quite annoyed.

Davesnave

Tessam wrote: »

. Now I’m considering telling her to put it down as I’m quite annoyed.

Getting annoyed goes nowhere. Surely you both need to sit down and discuss the problems properly over tea & cake so that you can negotiate equitable solutions.


She isn't allowed to just screw a gate to your property or block your air vents, but that's leverage to help you get what you want. Go the wrong way on this and you both get a dispute which you'll need to declare if you sell.

davidmcn

Tessam wrote: »

Is it possible to build it from the inside only?

I would have thought so, given it's perfectly commonplace to replace windows on upper flats without having to erect scaffolding to do work from the outside.

Ozzuk

I believe there is provision under the PWA for forcing access, but likely an expensive route. It isn't impossible to fit from the inside, talk to a few builders.

Davesnave

davidmcn wrote: »

I would have thought so, given it's perfectly commonplace to replace windows on upper flats without having to erect scaffolding to do work from the outside.

But in that case the hole is already there and the right to maintain exists.


It is possible to do all sorts of building jobs without access to the adjoining land. A family member built two storeys that way, thanks to neighbour intransigence, but the result wasn't very nice to behold!

Indeed, it was so bad, after 4 years of looking at it, the neighbour pleaded with him to erect scaffolding and finish it neatly, which he did.

davidmcn

Davesnave wrote: »

But in that case the hole is already there and the right to maintain exists.

Ah sorry, I misread it as replacing a window. May well still be possible though, I would have thought it more sensible to check that before irritating the neighbour.

However, if there's not already a window then there are issues with creating windows which are right on boundaries, particularly if you thought the neighbour wouldn't be allowed to then erect a brick wall on her side of the boundary...

warby68

I do think a window where there currently isn't one is quite intrusive. Although facing a wall, the space between is obviously the neighbour's gated side access so could be seen as a reduction in privacy. As well as fitting, you will then require ongoing access to neighbour's property to clean and maintain this window. Not really surprising that they don't fancy it. Bear in mind there may be a good reason why the room currently is that way with no light, this may be a well trodden path.

The gentle art of persuasion and negotiation is much better with neighbours, especially close ones, than going angrily tit for tat. Unless you plan to move short term, the resulting hostility and poor relations can impact for as long as you are there. Same applies if you find someone to do it all from your side. Much better to find a way to rub along.

Fine line if your neighbour actually just wants the upper hand, saying no to you but doing just as they please but I'd exhaust all friendly options first.

pinkshoes

Tessam wrote: »

It’s the same neighbour. We never had any problems other than the airbricks and she recently replaced her gate and screwed new holes into our house without even telling us and we didn’t blink twice. Now I’m considering telling her to put it down as I’m quite annoyed.

There you go! Negotiation material.

Go and speak nicely to the niehgbour and ask again if you can have access and explain the light situation.

If they refuse, mention the gate and damage to your house.

If they still refuse, give them 7 days to un-attach their gate from your property and fill in the holes. Obviously if they are willing to change their mind then the gate will have to stay...

(I assume this will cause them a headache??)