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Have written a letter asking permission, they did not reply. They have been like this for over 3 years. I have a leak into my lounge from the window and cannot repair it without going on their road. I will not cause an obstruction to them and it will not effect them at all as they can't see me from their house. To force them to give me permission it seems that I have to take them to court - I know that the court would give me permission but, as they know, it will cost me money I cannot get back - it does not seem fair. Does anybody have a solution for me that does not cost me a lot of money?

2007-03-20 09:58:40 · 21 answers · asked by Anonymous in Home & Garden Maintenance & Repairs

21 answers

id write them a polite letter explaining that on 'next tuesday' or whatever you'd be very grateful if they wouldnt mind you coming round to gain access to repair your home as you have water coming in that is damaging you home , then just get your *** round there and get on with it and do it, they are unlikely to challenge you, sounds like they just wierd, they'll probably go out for the day when your repairing, or if they call the cops, they'll get laughed at, whichever way, always make a friend and be seen to be reasonable at all times

2007-03-20 12:35:46 · answer #1 · answered by fast eddie 4 · 2 1

People dont talk anymore. Always writing letters of demand. It's a sick society. Why should they write back? It will put them at risk if they use the wrong words!

The law is different on this depending on where you live. You could take the legal approach but then you make an enemy and it will cost both parties a bucket load of grief and money.

In Sydney, Australia we have these Occupational Health and Safety laws that dictate how builders must make a safe environment for people engaged in construction work. One thing that has developed from this is a safety harness and roof clipping devices that help prevent injury from falling from the roof.

It occurs to me that you could lower someone over the side of the building, or hook them up from above and let them climb out of the window to perform any repairs necessary, so long as you do so with appropriate safety devices in place.

Then just to make sure they are not your firends. .. make sure you leave your garbage bin near the boundary on their side of your yard... and eat lots of prawns with all the money you will save in legal fees..

Or you could wait for them to go away and just get it done then.. and if they complain about your tresspass, let them spend money in bringing an action against you..... they will have to prove some measure of loss for damages though and that ought to be difficult moer likely that they are smart enough not to bother ...but if they do .... you present in evidence the letter you sent and the lack of reply either way and you argue that silence reflects indifference but not strong opposition.

2007-03-20 23:52:21 · answer #2 · answered by Icy Gazpacho 6 · 0 0

Hi your best bet is to look at your deeds this is very likely to have a clause that state that you are required to let your neighbour on to your land to allow repairs to his or her premises. If this is the case it is very likely that your neighbours deeds have the same clause as the houses are likely to have been built at a similar time or the land bought from the same vendor.
If you haven't got a copy of your deeds these may be with the building society of the solicitor who sold the property and you should be able to obtain a copy for little cost.

I suspect that if the above clause is in your deeds that showing a copy to your neighbour should do the trick. If your neighbour fails to respond I suspect a solicitor would deal with this for you for little money and in any case if your neighbour still wont let you on hos land you should be able to claim damages from him for the continuing damage to your house to which he is contributing with his actions. If you are in the UK make an appointment with the citizens advice bureau and this will further advise for free.

Good luck

2007-03-20 17:24:56 · answer #3 · answered by Graham 4 · 3 0

You are fortunate to have a lot of good advice on this site but the best has got to be to contact your local council and your citizens advice bureau - after that it may mean a recourse to law but as you have tried for three years your neighbours attitude will be seen to have been unreasonable and they would probably have to stand the costs of any legal advice or littigation. Try aother POLITE note to them to this effect - they may actually be quiet reserved people who don't want to become involved with their neighbours.

2007-03-20 18:00:58 · answer #4 · answered by Helen S 7 · 2 0

Go to your towns planning/zoning office and speak with the Code Enforcement Officer. It's possible your neighbors deed has a maintenance easement, and they either don't know or don't care.

Either way, these people might be able to guide or even assist you with rightful access. At no charge!

We deal with this all the time in my older town with often undersized lots, or lots whose buildings that overhang the neighbors.

2007-03-20 17:17:57 · answer #5 · answered by KirksWorld 5 · 1 0

Are they just weird like that to everyone?? Maybe they are illiterate & cannot read or write. Do your repairs at 3 in the morning? Or call police and have them go physically ask for permission.

2007-03-20 17:12:01 · answer #6 · answered by Dotr 5 · 1 1

I do sympathise with you. We have a similar problem with one of our neighbours. We recently had the house insulated from outside and they would not allow the workmen to put a ladder on their land so that one side of the house could be insulated. We phoned the police who said that we could not go onto the property. Consequently our house was not completely insulated.

2007-03-20 19:17:05 · answer #7 · answered by Winnie 4 · 1 0

You don't need to take them to court - probably a solicitors letter would do the job, you might even be able to get this for free if you have a local community legal advice service - check with the Citizens Advice Bureau.

2007-03-20 17:08:55 · answer #8 · answered by Anonymous · 3 1

Its difficult to give advise without knowing where you live IE which country, however if you are a UK resident, it would be likely that your deeds would show that you have a right of way for maintenance purposes, unless you have extended your property up to the boundary without consent for access being succoured.

2007-03-20 17:11:03 · answer #9 · answered by Max 5 · 3 0

Go see them in person. Be very polite and explain what you want. Offer to give them a hold-harmless agreement and some modest payment. DO NOT tell them about any legal action or get mad if they refuse. I doubt that you can force them to give you access with the legal system. It is their property and they don't have to let you use it. Face to face and be nice.

2007-03-20 17:37:40 · answer #10 · answered by united9198 7 · 2 1

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