Access.

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leahellis3
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Joined: Sat Nov 12, 2011 7:22 pm

Access.

Post by leahellis3 » Sat Nov 12, 2011 7:39 pm

We have recently bought some land behind our garden, we have taken down the fence at the back of our garden to join the entire thing. We have now applied for planning for single story extention on our exsisting garden and plan to use the land as our new garden. However, to do this we need to dig out our exsisting garden as it is risen and we need it to be totally level and our only access to the land is through the pub car park next door to us. Up until now they haven't minded but they are beginning to get petty and want to refuse us access to the car park which means we can't get a digger in to get to our land to dig out the garden. We haven't done anything wrong, the land which we bought was previously overgrown and used as a dumping ground, since we purchased it we have taken away all the rubbish put down new grass etc. We don't really know where we stand at the moment, we have looked at the Neighbouring Land Act 1992 and it seems to be right for us but we're not sure. Does anyone have any advice?

despair
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Re: Access.

Post by despair » Sat Nov 12, 2011 7:54 pm

I do not think you can require anything of the pub ot use access to neighbouring lands act

Your only solution is to dig out manually or have a terraced garden

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Mattylad
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Re: Access.

Post by Mattylad » Sat Nov 12, 2011 8:15 pm

Or go to the pub cap in hand, perhaps also offer them some compensation for the inconvenience.

jonahinoz
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Re: Access.

Post by jonahinoz » Sun Nov 13, 2011 8:34 am

Maybe the pub would like to have acquired this land?

How about if the digger driver drops in for a "quick half" every day? ie - he becomes a customer so he can use the customer's car park.

arborlad
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Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Access.

Post by arborlad » Sun Nov 13, 2011 12:46 pm

despair wrote:Your only solution
Despair - when will you stop with your 'only solution' crap :roll: It is patently untrue, as two other 'solutions' have already been offered. There are mini-diggers which will fit through a house doorway and conveyors which will move spoil to the front of the property.
Last edited by arborlad on Sun Nov 13, 2011 1:20 pm, edited 1 time in total.
arborlad

smile...it confuses people

andrew54
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Location: north yorkshire

Re: Access.

Post by andrew54 » Sun Nov 13, 2011 12:59 pm

leahellis3 wrote:...we have looked at the Neighbouring Land Act 1992 and it seems to be right for us but we're not sure.
I think the access to neighbouring land act refers to you using next-door's land to access to repair your buildings. So it is not applicable to help you build an extension, or to maintain your garden.

Sudynim
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Joined: Mon Dec 21, 2009 6:31 pm

Re: Access.

Post by Sudynim » Tue Nov 15, 2011 9:53 pm

leahellis3 wrote:We have recently bought some land behind our garden, we have taken down the fence at the back of our garden to join the entire thing. We have now applied for planning for single story extention on our exsisting garden and plan to use the land as our new garden. However, to do this we need to dig out our exsisting garden as it is risen and we need it to be totally level and our only access to the land is through the pub car park next door to us. Up until now they haven't minded but they are beginning to get petty and want to refuse us access to the car park which means we can't get a digger in to get to our land to dig out the garden. We haven't done anything wrong, the land which we bought was previously overgrown and used as a dumping ground, since we purchased it we have taken away all the rubbish put down new grass etc. We don't really know where we stand at the moment, we have looked at the Neighbouring Land Act 1992 and it seems to be right for us but we're not sure. Does anyone have any advice?
You have no right to use their land. Win their agreement by charm or £, or look for smaller machinery you can bring through the house.

Anon
Posts: 24
Joined: Mon May 11, 2009 11:07 am

Re: Access.

Post by Anon » Fri Nov 18, 2011 1:29 am

leahellis3,

Do you know how the piece of land behind your garden was accessed originally?

Does it have any rights of way mentioned or referred to in the deeds or other documents?

You may probably not be able to get a full-sized digger down it/them, but some smaller-scale equipment (if still valid access).

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