Re: Access to Neighbouring Land Act

joe wrote:

Big Les Wade wrote:

Karen Mullett <Karen.Mullett.2d65524@xxxxxxxxxxxxxxxxx> posted
Trust is the operative word here! What I omitted to say in my
original post is that these people have already refused to pay the
full cost for the paint damage to our car. They say they will
only pay 50%!


Probably worth making a careful note of that fact, if you do decide
to go down the court route. Section 2(9)(b) of the Act says: "The
court may make provision [...] for the giving of security by the
applicant for any sum that might become payable to the respondent or
any other person by virtue of this section or section 3 below." If
you can prove that the applicant has previously welshed on his
obligation to pay compensation, you are in a better position to
request this security. That's if the court even agrees to grant the
order, which ISTM they shouldn't.

I don't think they will refuse to be honest. I don't even think the op
should refuse access, but because of the trust situation she has to
get assurances first, and the only way is either a payment up front
or a court order for access. The neighbour should have a right to
access his wall, and the op a right for grounds to be repaired, both
happy, jobs a good un

Whole piont is the wall was built tight up to the boundary line with
the full knowledge that they couldnt access from thier own property.

I would tend to plant some very sharp spikey bushes there and may be a
nice large pond



--

.

Relevant Pages

  • Re: Access to Neighbouring Land Act
    ... original post is that these people have already refused to pay ... I don't think they will refuse to be honest. ... right to access his wall, and the op a right for grounds to be ... Whole piont is the wall was built tight up to the boundary line with ...
    (uk.legal)
  • Re: Access to Neighbouring Land Act
    ... original post is that these people have already refused to pay the ... to go down the court route. ... I don't think they will refuse to be honest. ... court order for access. ...
    (uk.legal)
  • Re: Buyers complaining after house sale completed
    ... Is this a sure sign that if I refuse to pay, ... It is a very common idle threat. ... They know that a lot of people will settle out of court rather than go ...
    (uk.legal)
  • Re: NABO Exhibition Stand
    ... effort had been made to collect from non-payers. ... I would refuse to pay ... court, and the court has instructed the perps (big organisations such as ...
    (uk.rec.waterways)
  • Re: Chattanooga Pinball, Owner - Dale Levine, Head Crook
    ... Copy of the court ... I am selling stolen games which I am not. ... Just in case you need a legal definition of slander here ... something, pay for it. ...
    (rec.games.pinball)