Access

[Johnmelad]

Have been asked to cut an opening and fit a window but I need to have access to a neighbours garden. He is refusing access. Is there a way round this?

 

[noseall]

Money...?

 

[Fluffster]

Work from the inside, fit the window unglazed seal the exterior perched on the sill and then glaze from the inside, I take it this is on the ground floor?

Pete

 

[freddiemercurystwin]

Work from the inside, fit the window unglazed seal the exterior perched on the sill and then glaze from the inside, I take it this is on the ground floor?

Pete

Cut an opening from the inside?

 

[Bosswhite]

You can obtain Access under Health and Safety as the work could be deemed dangerous to people using the garden also to anyone carrying out the work,
your client will probably have to resort to a Solicitors letter, and could also ask for expenses due to the deliberate delaying of the work.

 

[Newboy]

"You can obtain Access under Health and Safety"

Absolute cr*p - no where under health and safety legislation is there any provision for obtaining access to a neighbours land without consent.

Assuming that you cannot find an amicable way (cash!) of resolving the situation then it might be worth exploring your rights under the "Access to Neighbouring Land Act 1992" however this allows for access for essential reasons - maintenance, shared service access etc.



http://www.problemneighbours.co.uk/rights-under-access-to-neighbouring-land-act.html

 

[flameport]

Have been asked to cut an opening and fit a window but I need to have access to a neighbours garden. He is refusing access.

Is the refusal just because he doesn't want people in his garden, or is it because he doesn't want a window overlooking his property?

 

[rjm2k]

Not sure you can do it from the inside, I assume you need to add a new lintel? Is it a party wall, directly onto the neighbours property, or is there a gap belonging to your person?

 

[Bosswhite]

"You can obtain Access under Health and Safety"

Absolute cr*p - no where under health and safety legislation is there any provision for obtaining access to a neighbours land without consent.

Assuming that you cannot find an amicable way (cash!) of resolving the situation then it might be worth exploring your rights under the "Access to Neighbouring Land Act 1992" however this allows for access for essential reasons - maintenance, shared service access etc.



http://www.problemneighbours.co.uk/rights-under-access-to-neighbouring-land-act.html[/QUOTE]

I did say it probably would require a Solictors letter, and your own link states it is to ensure the safety of the Neighbour and their property.
I agree it is limited access only,
The original poster now says that this window will be overlooking the neighbours property therein lies the problem, Is this window subject to Planning (Permitted development) ? If so did the Neighbour originally object to the plans ?
There are requirements for such a window, Height from interior Floor Level and using Obscure Glazing. .
There is also the problem that Neighbour disputes over property have to be detailed when selling a Property this can be costly for either side,
Its better to try and reach an amicable agreement.

 

[D_Hailsham]

Have been asked to cut an opening and fit a window but I need to have access to a neighbours garden. He is refusing access. Is there a way round this?

It's not your problem - it's your customer's. Tell him to call you when he has sorted it out with his neighbour.

Normally additional windows do not need planning permission as they are "permitted development". But the Local Council may have made an "Article Four Direction" withdrawing permitted development rights.

 

[GeeTee]

Have been asked to cut an opening and fit a window but I need to have access to a neighbours garden. He is refusing access. Is there a way round this?

It's not your problem - it's your customer's. Tell him to call you when he has sorted it out with his neighbour.

Normally additional windows do not need planning permission as they are "permitted development". But the Local Council may have made an "Article Four Direction" withdrawing permitted development rights.

I'm not in the (or any) "trade", but I'd have to agree with this. Why are you getting involved? This is a problem between your client and their neighbour.

If I were to ask you to do this job and the next door neighbour kicked up a stink, I wouldn't expect you to sort it out - that would be for me to sort out. I would expect you to quote and work on the basis of access as required to neighbouring property as necessary to complete the job while minimising disturbance time and impact to them (don't drop a window sized square of bricks on their car!).

I really don't understand what has come to pass in this country lately that people can't be civil with their neighbours, it's not hard, knock on the door and say hi. Most of our properties in the UK butt up to someone else's - it makes sense to have a quid pro quo attitude to it as long as reasonable precautions are taken. Is there an ever growing reliance on enforced regulation and only communicating with a neighbour through a solicitor? People sitting in little residential pods isolated from the pod next door only by the content they choose to view on a 6ft screen on the chimney breast and a hatred of the pod next door because they chose a different shade of amber/brown for their fences.

If that is the case, the only people to benefit are the solicitors and ambulance chasing lawyers.

The only way around it is for your client to understand what their neighbour's concern(s) are and to address them.

Unless you are charging £200/hr for your legal advice as part of getting the job?

 

[Johnmelad]

If I were to ask you to do this job and the next door neighbour kicked up a stink, I wouldn't expect you to sort it out - that would be for me to sort out.

Never said I was trying to sort it out, was looking for advice to pass on to customer.

My interest is getting the job done and getting paid. No access no job.

 

[D_Hailsham]

The only way around it is for your client to understand what their neighbour's concern(s) are and to address them.

The neighbour probably doesn't want a window overlooking his garden but, as it's "permitted development", there's no way he can, legally, object to it. So this the neighbours legal way of preventing installation of the window.

 

[Whitespirit66]

Your customer needs to know why the neighbour has refused access. If there's been bad blood in the past, then it may be more difficult.

If it's just an objection to the window, he needs to assure them that's their privacy won't be lost. Tell them that privacy glass is being used.

 

[^woody^]

Assuming that you cannot find an amicable way (cash!) of resolving the situation then it might be worth exploring your rights under the "Access to Neighbouring Land Act 1992" however this allows for access for essential reasons - maintenance, shared service access etc.

That Act cant be used as this is not defined work (ie essential maintenance), and a Court will not grant an order for access