Re: Access to Neighbouring Land Act

steve robinson wrote:

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.

That is acceptable, as long as planning permission is granted, as it
will take that into accout. As a covenant was breached, it is up to the
op to fight against the covenants breach, whether it is too late or not
I dont know.
When we built our conservatory we built 6" from the boundary which
means we have to access a neighbours land to renovate etc. (As we
talked to them before after and during the building, it was mutually
ok).
We asked them if they wanted the wall to be brick or windows, which we
complied with their request. Amicable.


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

If you wanted to be awkward, yes.

--

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