Rights of access

[AndyKM]

Hi all,

A little complicated, but I'll try... I have the lease (and now freehold) for the loft space above my flat and also the space above one flat one side and two flats the other side, so essentially the area above four flats in my block.

The only area that's been converted is my flat - my bedroom is in the loft - and the space either side is blocked off from me, one side a brick wall, the other side a thin wall which can potentially be easily accessed.

On the brick wall side of my bedroom, the only access point is a hatch at the end of the space, which is above a neighbour's flat. She can access the space, but currently I cannot. She is being very difficult, saying that her lawyer has told her that I am not able to use this hatch. Even when her flat was vacant - no tenants - she refused my entry to check out the space and get a surveyor in to just look at it. This is because she wanted to buy the very large area for a paltry amount and I refused.

She claims that one of the reasons I've not got access is because of the "quiet enjoyment" for her current tenants, but (as above), even when the flat was empty, she was refusing me access. All I want to do is plan for the future - I have the rights under the lease to convert, dependent on local authority planning permission or lawful development certificate. I'm not sure yet which would be needed.

So, 1. Has anyone heard of such a situation before and how it was resolved?, and 2. Now that I own the freehold for the loft space (not her flat though), does she have the right to refuse me access?

Many thanks for your thoughts.

Andy

 

[Mottie]

Well I really can’t see how owning a loft space gives you the right to access it through her flat. You surely have to enter it through your own loft.

 

[mattylad]

Can you make a new access point?
then close in her access point.

 

[AndyKM]

Thanks, mattylad... Her boyfriend suggested to me - to put me off probably - that I couldn't create a new access point. But I probably can, through my bedroom wall. The complication is that I don't want to develop the space at this point, and it would be a lot of fuss breaking down some brickwork in order to just get it surveyed. The closing in of her access point would definitely be a bonus - at the moment she's using it illegally (I think) with an extractor from her kitchen going into the space.

 

[JohnD]

if you have no right to force an entry into her flat (which seems to be the case) then obviously you will have to make other arrangements.

You seem to want to shift responsibility away from yourself.

 

[AndyKM]

Well, it's not as straightforward as that, JohnD. I was planning on not developing the space for a long while - I just wanted to survey it - but if I need to create an access point now, I may as well get the whole job done which would disturb my neighbour sooner rather than later. The other issue is that I resent her not allowing me fifteen minutes to view it with minimum disturbance - now she'll be disturbed all the more. I was an excellent neighbour and friend to her, despite her being the neighbour from hell (violent rows with her partner and other things), and the only reason she's not allowing me access now is that I wouldn't sell the space to her for one twentieth of the value.

 

[Mottie]

I think it would be worth knocking a hole in the dividing wall to get access, boarding over her loft hatch and using it as storage for yourself. That’ll cost you all of a tenner!

 

[AndyKM]

Yes, I could do that, JohnD... It would be be behind my bed, which is annoying and there may be brickwork behind the panelling, but I'm thinking it's the only option.

 

[Tigercubrider]

If you are serious about staying, then just plan ahead. You could plan some furniture or a new headboard to hide the new hatch that you create to get into her/your space. You could do it with a 2x2 for square hole.
Even drill a hole and use a borescope!

 

[AndyKM]

Sorry, JohnD, that last reply was to Mottie..

 

[mattylad]

Secret access panel behind the headboard?

Weird stuff in your new secret room? lol

 

[johnny2007]

Definitely create access from your side and block off her hatch with solid boarding screwed down.
You don't want to find the space occupied and then start eviction proceedings which will last forever.
If she puts a bed up there you're screwed.

 

[AndyKM]

Thanks, johnny2007. You're absolutely right.

 

[catlad]

I'm confused as to why someone else has access to your loft?
How old is this property?

 

[Mottie]

I'm confused as to why someone else has access to your loft?
How old is this property?

I think the OP owns/has access to someone else’s loft.