Is a joint freeholder trespassing if they need to go over the garden for maintenance

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    Is a joint freeholder trespassing if they need to go over the garden for maintenance

    Hey all, I am installing a new kitchen and my ground floor neighbours (who are really difficult) wont allow me access to the back of the house to install a pipe. I am a joint freeholder on the land registry documents and the lease says in easements

    'The right of the lessee with servants and workmen and all others at all reasonable times on notice (except in the case of an emergency) to enter into and upon other parts of the mansion for the purpose or re-pairing, maintaining, renewing, altering or rebuilding the flat or any part of the mansion giving subjacent or lateral support shelter or protection to the flat'.

    When I asked for access 2 weeks ago the couple who are always obstructive and always try to prevent access say

    As you well know, you have no rights to access our property including our garden without our express permission. You have no rights in any circumstances as freeholder or in any other capacity. You should also let your builders know that if they enter our garden, they will be trespassing illegally.

    Do you think I am breaking the law if a tradesman goes over a neighbours fence with a ladder to install a new pipe at the back of the house? The tradesmen have tight schedules and cannot work around the neighbours availability or willingness to co-operate.

    Thanks

    #2
    Pre-warn the builder and then just do it.

    I've not seen a Lease yet that doesn't permit right of access for repairs and renewals etc.

    Your neighbour will probably flap and might call the Police, who in turn will tell them not to be so stupid - and if they even turn up, your builder will have gone by then anyway lol

    Of course, this doesn't change the fact you have a neighbour dispute which will get worse if you don't get it sorted now - and. more importantly - will be something you (AND THEM) have to legally declare if selling later.

    No matter how much your brain is telling you otherwise, buy them a couple of cream cakes, knock on the door and explain that you regret any ill will between you, you really appreciate their help and you've got them some cake.

    If that doesn't work, then you need to get a Solicitor to write and explain how they are wrong, that they are violating their Lease Terms.

    EDIT - Ive seen your other post regarding the stairs so probably ignore the cream cake bit as too late.
    My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

    Comment


      #3
      Even though there is a right in your lease to access the back of the house you cannot go ahead if the lessee does not give you permission. You will need to make an application to court to assist you to enforce your right of access. This applies to leaseholders and freeholders.

      Comment


        #4
        What the neighbour says is not exactly 'you can't do it'. I would immediately become submissive and agree but as a kindness ask forgiveness on this one occasion. Install kitchen and sell.



        Freedom at the point of zero............

        Comment

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