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access to property wall

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dyli795 | 19:59 Wed 22nd Dec 2004 | Home & Garden
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the back wall of our house is on our neighbours land . have we right of access to do repairs on the wall?
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I believe your neighbour is bound to allow you access for maintenence and repair, but you should obtain his prior permission before doing so. If you are in any doubt seek legal advice.
Although there is no automatic right to go onto your neighbours land to carry out repairs, if you ask for access, and you are refused then you can apply to the court for an order under the Access to Neighbouring Land Act. The court may make an access order if you need to carry out reasonably neccessary repairs that cannot be carried out, or would be substantially more difficult to carry out from your own land. The court will add all sorts of conditions to the order for the protection of your neighbours interests.
I should also have said that the title to your property may have included an express right of access for repairs, and you should ask the solicitor who acted for you at the time of purchase if that is so.

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