Access to chimney rights?

winterlover

We are wanting to install a log burner to our property. It’s a detached house. The chimney is on the neighbours side of the house and the stove installer has told us we’ll need to have scaffold erected for a day to carry out the install. 

The scaffold will be on the neighbours property. We are going to go and ask their permission but prior to doing so, do we have any particular “rights” to access the side of our house for this purpose. Interested also because I’m planning to have the exterior painted and so will again need to do similar!
Thanks 

Wkmg

Read your deeds. We were in a semi and it said we and our neighbours could not prevent access to the chimney for maintenance. 

bucksbloke

You would need to check your deeds to find out whether you have any rights to do so. 

winterlover

I’m going to sound like a bit of a dumbass now but when you say “deeds” I only have the official copy of register of title. Is this it? Sorry, only just bought the property! I can’t see anything about access in this document at all 

unforeseen

Painting would come under maintenance so deeds normally allow for this. 
However installing a log burner and modifying the chimney is new work. Neighbour doesn't need to give permission for that if they don't want to. Or they can set conditions that you would need to abide by if you want it done. You have no rights to access for new work. 

anselld

Do the chimney and painting at the same time, you don't really want to pay for scaffolding twice.
Access to neighbouring land act 1992 allows for maintenance access if it is not practical to access in another way.  Whilst the painting is progressing the burner man can nip up and install the flue.

davidmcn

winterlover said:

I’m going to sound like a bit of a dumbass now but when you say “deeds” I only have the official copy of register of title. Is this it? Sorry, only just bought the property!

If you've only just bought it then hasn't your solicitor reported to you on what the title says?

winterlover

@davidmcn I’ve got as I said above the register of title, but there is nothing about access in there at all. 

Falafels

anselld said:

Do the chimney and painting at the same time, you don't really want to pay for scaffolding twice.
Access to neighbouring land act 1992 allows for maintenance access if it is not practical to access in another way.  

This ^^^. Hopefully it will be a civilised discussion with your neighbours, as evoking the Act involves a Court Order. When some neighbouring builders needed access to my back garden for scaffolding purposes, I also got them to replace my fence (two panels) and remove a large pile of garden rubbish... so a little gift to your neighbours wouldn't go amiss!

davidmcn

winterlover said:

@davidmcn I’ve got as I said above the register of title, but there is nothing about access in there at all. 

I was meaning more that as you've paid your solicitor to advise you on the title, you might want to make use of that advice. Or at least ask them the question now before they've forgotten about you completely.

winterlover

Mickey666 said:

Are you really sure that scaffolding is necessary?  We've had chimney liners installed using a 'cherry picker'.  Cheaper than scaffolding too.

Thanks, my husband suggested cherry picker which the log burner rep said was possible, so maybe if they are not happy about scaffold, cherry picker could be a good alternative. Still would need to access via their land but would be less intrusive I guess