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Buying a house where neighbour has rights to enter our land for repairs, maintenance etc

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Comments

  • Falafels
    Falafels Posts: 665 Forumite
    Fourth Anniversary 500 Posts Name Dropper
    visi said:
    mobileron said:
    Do you have the rights to go onto there land for repairs?
    No - only the same as what anyone would have under the Access to Neighbouring Land Act
    You mean - YES, because everyone has that right under the Access to Neighbouring Land Act. There's nothing in the Deeds which would grant your neighbours anything out of the ordinary. As others on here have pointed out, that would not give them the right to put a skip, use heavy machinery in a space which couldn't accommodate it, or any of the other things you mention in the original post.

    I'm not understanding why anyone wouldn't want to grant reasonable access for neighbours to maintain their property!
  • Tokmon
    Tokmon Posts: 628 Forumite
    500 Posts Name Dropper
    visi said:
    visi said:
    "to enter onto Mananin Cottage as shown edged red on the plan annexed hereto with or without machinery and materials for the purpose only of inspecting repairing maintaining and rebuilding those parts of the dwellinghouse at present erected on the Second Property including if necessary the erection of scaffolding "
    I read that as they, or people authorised by them can access across your garden ONLY for the purposes of maintenance if required.... they need to ask 2 days in advance, unless it's an emergency .... and they have to basically leave it as they find it.
    I doubt they'll be in and out often, and as a good neighbour, surely you'd allow this anyway? Karma, what goes around, comes around.
    They don't need to ask us - all they need to do is tell us.  And it also says "with or without machinery and materials"  
    And how do you think they'd fix anything without being able to take materials or tools with them?
    This is clearly a red line for you so just pull out and find another property. Nothing else you can do about it.
    Actually very easily.  They would have materials delivered and stored on their side of the fence and carry them through.  And if machinery is needed they would not store them on our property.  This would create an increased cost for them due to time taken to carry materials through etc but that would be added onto the quote.

    Nowhere does it say in the wording you posted that they are able to store material or equipment on your property. All it says is that they can bring the materials and equipment with them when carrying out the works which is exactly what you have said you expect them to do so where is the problem?
    You seem to be hung up on them potentially storing stuff while doing work but it doesn't say that at all so why do you think the wording gives them permission to do that?
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