Shared pathway - can neighbour deny access?

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    Shared pathway - can neighbour deny access?

    Hi
    I have a difficult neighbour who moved in last year to the flat below. We both own the freehold of each other's flat. I want to change my window at the back as it is 30 years old and the frame is rotting. She has her front door and garden at the back, but we have a shared footpath that runs down the side and back of the building (although she clearly sees this as "her" path). The window company will need to access the pathway only (not her actual garden) but she has denied access on the grounds that her property may be damaged. What should I do? I have written to tell her she can not deny access, but now she is asking for me to do it on a Saturday as she has to be present and is also demanding that I personally agree in writing to cover any damage!

    #2
    Legally it will depend on what your lease says about the path and any access over it.

    There again if she has agreed, as long as she is able to be present while the work is carried out, then you are just haggling about a date and time for the work to be done.

    No problem giving her a piece of paper saying that you will take responsibility for any damage done by the workmen.
    If they do cause damage then she claims from you, you claim from them, they cliam off their liability insurance.
    But TBH I would want her to be present, and to be there myself, otherwise she could just 'invent' some damage later.

    If you have access to a video camera you could set it up to film all the external work being done, that would show if any damage has been caused during the work.

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      #3
      Thank you nukecad, that's helpful advice. I will bite the bullet and try to arrange a date with her although am not hopeful of her cooperating...

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        #4
        Agree 100% with nukecad's advice and rationale

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          #5
          Also agree with nukecad, but you may "get away" with simply taking photos before and after.
          far better everyone is present at the time though.

          I'm surprised the window fitters need access outside. most upstairs or downstairs windows can be fitted from inside the room.
          (i have done it myself and I can tell you, fitting large double upstairs windows on your own is quite a struggle! - but it can be done.
          I last fitted a 6 bay upstairs window from the inside entirely, but I admit I had to double check the outside with a ladder to make sure I had covered any gaps.

          Whenever there is a dispute over shard access, I always look for the details on the title deeds, especially in the boundary plans

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