party wall easements

[robf12]

Hello all,

Can anyone help i have a nieghbour who i dont get on with.my nieghbour owns land and property around mine landlocked i need to do repairs to a gutter thats causing damp in my property.i went to see what work needs doing but got chased of by two of them cursing at me the wall is a party wal do i have the right to repair without writing to him, i have easements and quasi easements.

[Guest]

what do those easements say?

try to get verbal (or written if needs be) 'agreement', highlighting your 'right' when trying.

if all else fails there is the Access to Neighbouring Land Act 1992 re an access order.

your eg is uncanny re http://www.problemneighbours.co.uk/acces-to-neighbours-land.html

Edited December 16, 2012 by Ford

[robf12]

Thanks ford,The tranfer says it is hereby agreed and declared that the main house(ours) wall seperating the dwellinghouse number 51 - road aforesaid a party wall and shall henceforth be repaired and maintained accordingly and that all sewers drains eaves gutters gullies downspouts cisterns gas water and all other pipes and wires and all other easements or quasi - easements now used and enjoyed or intended by or in respect of the property hereby transferred the ajoining properties now or formerly of the transferes known as numbers 51 - 63 road aforesaid or any of them shall continue to be so used and enjoyed and shall be maintained and repaired at the joint and proportionate expense of the owners for the time being of the dwellinghouses served thereby.

[Guest]

ok, easement looks good on the face of it.

so, could try a verbal notice/agreement with neighbour? eg when to come over on xxx to have a look/repair gutter causing damp to my house? mentioning your rights there if they kick up. (including at the 'proportionate expense of the owners'.)

if no joy, could then try in writing? anything else?

if still no joy, then the Act as mentioned. but, it would be in their best interests (unless they are that disagreeable) to agree rather than defending an access order in court where they would no doubt lose particularly given the easement. and they could be subject to your costs for taking the court action following your reasonable attempts to come to an arrangement prior.

see what others say, maybe get thread moved to an appropriate sub forum.

Edited December 16, 2012 by Ford