Access to Neighbouring land

greatcrested

Either ask your legal help line, or ring the local county court - the court officials will advise.

They cannot give legal advice (eg whether you'll win, what to write etc) but they can/will advise on procedure.

But before doing so I ageee with others. Negotiate.

I'd write a letter stating you'll give them similar access subject to.. whatever conditions you want eg

* agreement over when

* ageement over length of access being reasonable for the work involved

* noise/disrupton

* making good any damage

They may not be fully satisfied by this, but you can then use it to negotiate/agree wording you are both happy with

princeofpounds

Whilst you may overstate your case a bit when it comes to 'blackmail', I am slightly more sympathetic than most here appear to be.

A written agreement concerning access is actually quite reasonable. But what is being asked for is a bit weird. The sort of things greatcrested suggests are much more normal. It will be much easier - and build trust - if you can negotiate and then keep to your commitments. 

In addition, if you include a fairly bland statement along the lines of 'I agree to give my neighbour license for access for similar works in future', it doesn't really mean much. You can then withdraw permission in future. I suspect it doesn't have any contractual standing anyway.

Anyhow, I suspect that the form you need is N208, based on a quick google. But you can ring the court clerks to check - they are allowed to offer procedural guidance, as distinct from legal advice. 

GDB2222

stevewiz said:

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.

I appreciate that you simply want to know which form to use***, and that's the only question you asked, but I also think you are taking a sledgehammer to a rather small nut. This battle is one that you would win in court, but you will completely sour relations with your neighbours, and that can have unforeseeable consequences. This is a really, really bad idea, compared to agreeing a letter with your neighbours. 

*** I don't think there's a specific form for this, so you'll probably need form N244. Do be careful to follow the pre-action protocols. 

Any court order you obtain would include specific dates for the work, and the neighbours are free to dismantle the scaffold and throw it over the fence if you stay past the end date. The neighbours can also oppose the order on the grounds it significantly interferes with their enjoyment of their land. They can also make you prove that the work can only be done from their side of the boundary. Bearing in mind that the courts have largely shut down, you could be arguing about this in a year's time. 

Comms69

stevewiz said:

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.

On an application under this section, the court shall make an access order if, and only if, it is satisfied—

(a)that the works are reasonably necessary for the preservation of the whole or any part of the dominant land; and

(b)that they cannot be carried out, or would be substantially more difficult to carry out, without entry upon the servient land;

but this subsection is subject to subsection (3) below.

(3)The court shall not make an access order in any case where it is satisfied that, were it to make such an order—

(a)the respondent or any other person would suffer interference with, or disturbance of, his use or enjoyment of the servient land, or

(b)the respondent, or any other person (whether of full age or capacity or not) in occupation of the whole or any part of the servient land, would suffer hardship,

to such a degree by reason of the entry (notwithstanding any requirement of this Act or any term or condition that may be imposed under it) that it would be unreasonable to make the order.

You realise that you would fail based upon subsection 3. I love how you think it's an administrative order, which you think means it's rubber stamped. Its not.

Loopyloopz

stevewiz said:

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.

You hope that to be the case.  My mum passed away at 52.  My Nan is 94 and still going strong, my grandad was 92.  

The court can say no to your request if deemed unreasonable or your neighbour puts forward a reason.  It is not a given that you will get permission.  I think that your neighbour has offered a solution will be considered. 

wilfred30

stevewiz said:

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.

I'm amazed you said that!  You might 'leave the world' tomorrow for all you know.

davidmcn

As above, a court remedy isn't going to happen any time soon. How urgently do you need to carry out this maintenance? It's likely to be substantially quicker to reach a deal with the neighbours.

silvercar

So they agreed access then retracted their agreement? Why can't you do the same, sign their letter then retract it later.
I'm not saying two wrongs make a right, but there seems to be a lot of nonsense here.

AdrianC

"In their 70s" means they'll be "leaving this world" within months...? Wow.

Right, that apart, are absolutely 100% positive that scaff from their land is the ONLY way to do this roof maintenance?

daivid

stevewiz said:

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.

Which means the neighbour dispute will have no impact on them (nor possibly their heirs who could honestly claim to have no knowledge of any dispute) whereas you will be obliged to state that there has been regardless of who currently lives next door.