Access to Neighbouring land

stevewiz

Hi all,

Without going into the detail, we need to complete some maintenance on our roof.  The neighbours initially gave us permission to put scaffold up on their land for 3 days.  Subsequently they withdrew their permission after remembering something, which quite frankly didn't happen, and said they want a letter from us giving carte blanche for them in any future work they want to do (they are in their 70s, have owned the property from new in 1968, never done anything more than maintenance, and won't be trying).  Effectively, they are blackmailing us.

We therefore want to use the 1992 act of parliament to go to court and get an order which they can't then argue with.  It's an administrative court order, basically rubber stamping the work and our access.  Does anyone know which court form we need to use as we couldn't clearly see which one to use when trawling last night?

Thanks

Steve

AdrianC

So they're asking for a letter that says you'll happily give them access for any work they want to do.

But you don't think they would ever do any. And, obvs, you'd allow it anyway because that's simply reasonable adult behaviour and they're being unreasonable in not allowing the same in reverse, right?

I'm not sure how that's "blackmail"...

Comms69

Wow.

Ok 1: they're not blackmailing you. That's just ridiculous. They dont want you on their land.
2: which 1992 act?
3: lol you think that a court is going to rubber stamp you getting access to your neighbours land? No. 

stevewiz

We would review each case, and negotiate on date of work.  If it is really not convenient on one day, it would be asked to be moved.  We know that access for maintenance is allowed under the law, and it is perfectly reasonable.

Loopyloopz

You would rather go to court than just agree wording of a letter?!

Why can’t you just give them a letter that defines max no. of days that you would allow access and specify types of works, ie maintenance. 

Also going to court would definitely constitute neighbour dispute and you would have to declare it when selling. 

stevewiz

Access to Neighbouring Land Act 1992

The court order is simply adminstrative.  We have spoken to legal advice attached to home insurance.

To demand a letter in return for access is equivalent to blackmail/extortion.  Asking for something that you are not entitled to, in response to a request which we made for something we are entitled to is extortion.  It is not a legally enforceable letter that they are asking for.

KatrinaWaves

There’s only one person making a mountain out of a molehill here. 

All they are saying is ‘well let you, if you’ll promise to let us in future’

if that’s blackmail and extortion then holy moly... 

stevewiz

Loopyloopz said:

You would rather go to court than just agree wording of a letter?!

Why can’t you just give them a letter that defines max no. of days that you would allow access and specify types of works, ie maintenance. 

Also going to court would definitely constitute neighbour dispute and you would have to declare it when selling. 

Yes.  We will go to court if required.  There is history with a permitted development we did previously.

We are not selling.  They will be leaving the world, given their age, before we move.

sheramber

Why ask unknown people on an internet forum if you already have legal advice? Surely, they can tell you what  form to use.

stevewiz

KatrinaWaves said:

There’s only one person making a mountain out of a molehill here. 

All they are saying is ‘well let you, if you’ll promise to let us in future’

if that’s blackmail and extortion then holy moly... 

All I am asking for is if anyone knows on this forum which form to use.  It's not up for discussion what we are doing and how we approach this.  There is history with them and many people around the village.  We know what the requirements of the law are, and for maintenance we will allow them to access our property, on a date that is discussed and agreed.

KatrinaWaves

stevewiz said:

KatrinaWaves said:

There’s only one person making a mountain out of a molehill here. 

All they are saying is ‘well let you, if you’ll promise to let us in future’

if that’s blackmail and extortion then holy moly... 

All I am asking for is if anyone knows on this forum which form to use.  It's not up for discussion what we are doing and how we approach this.  There is history with them and many people around the village.  We know what the requirements of the law are, and for maintenance we will allow them to access our property, on a date that is discussed and agreed.

As stated already, ask your legal
advisor which form to use.