Poor access provided by neighouriing property

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    Poor access provided by neighouriing property

    I manage a small block of flats which is adjacent to another property which land is currently used as a private fenced off car park.
    A few years ago, the said neighbour replaced their fence with a very tall metal fence and only leaving a metre or so between their fence and our rear wall.
    This means access to the rear of our block is now very poor and makes any work of maintenance/inspection unsafe.
    We have also had issues with contractors not being able to get their materials and machinery through. Also, the way they have done it means, they have left a gap which attracts fly tipping (we didn't have this issue before).

    We have raised it with said neighbour on a number of occasions to no avail. I asked them to meet me at the property several times to discuss and they have always refused to meet me.

    What piece of legislation can I use to get them to look at the issue?

    Our neighbour is Network Rail.

    #2
    The first task is to establish whether the fence encroaches onto your land. The fact that the fence has made access more difficult suggests that may be the case. It can though be difficult to establish a boundary with any precision - see these threads:

    http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=2247

    http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=3149

    As a first step see what you make of the Land Registry plan of the block bearing in mind all the warnings set out in the two threads. If that is inconclusive you can consider instructing a surveyor, but unless there is a signifcant discrepancy it is more than likely that he will not be able to assist. Not having challenged the position of the fence when it was erected does not help your case.

    If you cannot get the fence moved, there is the Access to Neighbouring Land Act 1992 you can fall back on if essential repairs cannot be carried out easily with the fence in position.

    Comment


      #3
      Thank you. The fence is on their land.

      if referring to the neighbouring Land Act 1992 - do I need to go to court to get it enforced?

      Comment


        #4
        Originally posted by Carine View Post
        if referring to the neighbouring Land Act 1992 - do I need to go to court to get it enforced?
        Yes. The rights granted by the Act only arise following a court order and are only one off. Even so, the Act is useful to persuade people to be co-operative as few want to appear in court and risk costs.

        I should perhaps have mentioned that some properties have on their title a right to go onto adjoining land to inspect and carry out repairs. It is unlikely such a right will exist over Network Rail land, but you may as well check.

        Comment


          #5
          Thanks Lawcruncher.

          There is no provision in our lease for it.

          Comment


            #6
            Originally posted by Carine View Post
            There is no provision in our lease for it.
            You need to look at the freehold title.

            Comment

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