US EditionCan a neighbour refuse access for maintenance or repairs? What are your rights
- A neighbor can legally refuse access to their property for maintenance or repairs requested by an adjacent property owner.
- When a neighbor denies access, the first step is to examine your property deeds to ascertain if a pre-existing right of way is already in place.
- Under the Access to Neighbouring Land Act of 1992, you may ask the court for an access order to carry out ‘Basic Preservation Works,’ which must relate to preserving an existing structure and not for building new constructions like houses, extensions, or conservatories.
- To acquire an access order, you must demonstrate continuous access to the area for at least 20 years without force, secrecy, or permission.
- Mike Hansom, a property disputes specialist at BLB Solicitors, advises seeking early legal advice due to the complexity and uncertainty surrounding access orders, which the courts can refuse if it causes severe hardship or financial loss to the neighbor, potentially ordering compensation.
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Crucial rule to work out who owns your garden fence & how to avoid costly spat
[/boxout] But, your neighbour isn’t legally required to maintain or replace a fence at all. There’s no law saying a boundary needs one, it’s just common practice. If they refuse to repair it, the best option is to install your own fence just inside your boundary line, next to theirs. If you’re a tenant, your landlord is usually responsible for repairing fences damaged by storms,high winds, or other natural events. GettyThere’s no law saying a bo…
·Glasgow, United Kingdom
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