Shared pathway - can neighbour deny access?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    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.

    Comment


      #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...

      Comment


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

        Comment


          #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

          Comment

          Latest Activity

          Collapse

          • Reply to Residents Management Company Building insurance
            by GordonClose
            Thank you for the replies. The RMC (not an RTM) was setup by the builders when the property was built so has always been in existence (since 1980). The insurance has always been arranged by the Freeholder and paid for by the RMC. The lease states that the RMC will keep the buildings insured as directed...
            17-08-2022, 12:12 PM
          • Residents Management Company Building insurance
            by GordonClose
            I am a Director of an RMC and the Freeholder insists it is their right to arrange the insurance. Have I the same right as an RTM to take over the arrangement of insurance?
            15-08-2022, 14:26 PM
          • Sale of Freehold - Tax to Pay
            by divadee
            Hi, I hope I can write this in a clear way that makes sense!

            We bought a leaseholders flat in 2016, the next year we bought the limited company that held the freehold. This was done as no other leaseholder were interested in buying the freehold a few months prior to us buying our leasehold...
            16-08-2022, 16:37 PM
          • Reply to Sale of Freehold - Tax to Pay
            by Gordon999
            The company accounts shows the share capital at £2, it was holding the property on behalf of you ( beneficiary ) .

            Since you have received £14K and £12K from disposal = £26K , your capital gain will be £26K - £18K = £8K .

            You are entitle to the annual cgt allowance...
            17-08-2022, 10:50 AM
          • Right To Pass and Re-Pass (Not to Obstruct)
            by LondonCalling
            I am the owner/occupier of a leasehold first floor flat in a converted property consisting of two flats. The freeholder owns and is the occupier of the ground floor leasehold flat. There is a passageway/right of way from the road along the side of the building to my ground floor front door entrance....
            16-08-2022, 16:26 PM
          • Reply to Right To Pass and Re-Pass (Not to Obstruct)
            by Lawcruncher
            Absolutely not! Both the right and covenant are clear. Ask the freeholder why he considers he should not be bound by the terms of the lease. If he insists he is not bound, suggest that in that case you are not bound by the terms of your lease either....
            17-08-2022, 09:57 AM
          • Reply to Sale of Freehold - Tax to Pay
            by divadee
            Sydaton,

            They are the accountants that the managing agents use. We have literally left it all up to them and have been hands off (unless there were issues with stuff that need authorising by us). Our managing agents are also company secretaries for the Ltd company that we own.
            ...
            17-08-2022, 09:01 AM
          • Reply to Sale of Freehold - Tax to Pay
            by Sydaton
            divadee, you mention the company accountant in the first post but then mention that you were relying on your managing agents. Are they one and the same?

            Where did the £14k paid for the lease extension go?
            17-08-2022, 08:41 AM
          • Reply to Ground rent arrears from executor
            by Martin448A
            I did look at buying the freehold a few years ago but there solicitor quotes up to £4000 costs and I believe that was more then the value of the lease itself !
            17-08-2022, 06:10 AM
          • Ground rent arrears from executor
            by Martin448A
            Hi,
            received a letter out the blue from someone claiming to be the executor of the deceased freeholders of my leasehold maisonette. Have never receive ground rent request for payment for any of the years I have owned the property or has the other maisonette in my building.
            They are now requesting...
            16-08-2022, 00:30 AM
          Working...
          X