Rights of access for maintenance

mugwump
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Re: Rights of access for maintenance

Post by mugwump » Wed Feb 24, 2016 7:53 am

mr sheen wrote:If you want to carry out these works, you have 2 options..
Negotiate with the neighbour
Seek a court order for access to the neighbour's land. In which case It is your burden to prove to a judge that such work is essential and constitutes maintenance as oppose to improvement.
I cannot agree with your stance that this is not maintenance. As this is for the preservation of an existing structure then I would think an application would succeed.

The fact that the structure is only a year old is immaterial, the act doesn't say that the structure must be over a certain age. The structure exists and the work proposed (fixing failures of the waterproofing) IS maintenance to preserve that building, that purpose being one of the basic tenets of the act.

The first line of the act states
An Act to enable persons who desire to carry out works to any land which are reasonably necessary for the preservation of that land to obtain access to neighbouring land in order to do so; and for purposes connected therewith.
(my bold)

Eliza
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Re: Rights of access for maintenance

Post by Eliza » Wed Feb 24, 2016 8:27 am

I would tend to agree this is "necessary maintenance". I doubt rendering would be - but a protective coat of varnish in effect - then I think that probably would count as that.

Still wondering just how much it would cost to test this out? - as I still think a Small Claims Court would decide it for just a small amount of money. Does anyone know?
Apologies for not giving exact personal details in my posts - you never know who is reading....

mugwump
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Re: Rights of access for maintenance

Post by mugwump » Wed Feb 24, 2016 8:44 am

I don't believe this would come under the small claims (MCOL) process as that is designed primarily to get monetary judgements. I don't believe it can be used to obtain the order that is needed.

COGGY
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Re: Rights of access for maintenance

Post by COGGY » Wed Feb 24, 2016 8:49 am

Hi
Is there a reason that you cannot use a long handled brush (similar to that used for ceilings) and carry out this work from the side/back of the building? Coggy

Eliza
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Re: Rights of access for maintenance

Post by Eliza » Wed Feb 24, 2016 9:17 am

mugwump wrote:I don't believe this would come under the small claims (MCOL) process as that is designed primarily to get monetary judgements. I don't believe it can be used to obtain the order that is needed.

So - what is the exact process concerned if its necessary to obtain such an order?
Apologies for not giving exact personal details in my posts - you never know who is reading....

arborlad
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Re: Rights of access for maintenance

Post by arborlad » Wed Feb 24, 2016 9:21 am

scotf wrote:Hi Mac

Yes and no. Technically NOT a tresspass if i keep the long reach roller inside my 12 inches of space, but agreed that would be quite hard to do as i would have to reach over from shed roof. Id also worry about losing half the sealer onto the floor (just a concrete path on her side). But most of all, id be worried about missing a spot and not being able to see if i had complete coverage :).


If you throw a mustard seed over the boundary it is considered a trespass.

Your problem is not a lot different to treating both side of a fence that abuts the boundary, despite having a 12" gap, it's insufficient to work in.

Most of the sealants available are of the clear siilcone type, I'm not aware of any coloured ones but if you go to anywhere other than than a B&Q/Wickes type place, they might be able to advise about the addition of a colourant to make life easier for you. They can also be sprayed, with due regard for wind and drift. :)

A couple of dust sheets or light tarpaulin placed on the neighbours fence would prevent any issues of splashing/spillage on the neighbours path. Do you have any land at either end of the shed, some of it could be reached from there.
arborlad

smile...it confuses people

dantheaxeman
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Re: Rights of access for maintenance

Post by dantheaxeman » Wed Feb 24, 2016 3:06 pm

So - what is the exact process concerned if its necessary to obtain such an order?
It would be a non money claim probably allocated to the fast track

The Civil Procedure Rules would be the place to look for guidance

mr sheen
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Re: Rights of access for maintenance

Post by mr sheen » Wed Feb 24, 2016 3:20 pm

mugwump wrote:
mr sheen wrote:If you want to carry out these works, you have 2 options..
Negotiate with the neighbour
Seek a court order for access to the neighbour's land. In which case It is your burden to prove to a judge that such work is essential and constitutes maintenance as oppose to improvement.
I cannot agree with your stance that this is not maintenance. As this is for the preservation of an existing structure then I would think an application would succeed.

The fact that the structure is only a year old is immaterial, the act doesn't say that the structure must be over a certain age. The structure exists and the work proposed (fixing failures of the waterproofing) IS maintenance to preserve that building, that purpose being one of the basic tenets of the act.

The first line of the act states
An Act to enable persons who desire to carry out works to any land which are reasonably necessary for the preservation of that land to obtain access to neighbouring land in order to do so; and for purposes connected therewith.
(my bold)[/

Can you point out where I have made a stance that this is not maintenance in my comment that you have quoted?
I said that it is the OP's burden of proof to prove it is maintenance not improvement.....I cannot make that judgement....haven't got all the evidence for a start....that judgement would be for a Judge after considering all evidence and both sides of the argument....not for me to jump to conclusions...perhaps you have more objective evidence, but as for me I have only heard the subjective info presented by the OP.

arborlad
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Re: Rights of access for maintenance

Post by arborlad » Wed Feb 24, 2016 3:21 pm

Thompson's Water Seal* can be applied by brush, roller or spray: http://www.thompsonsweatherproofing.co.uk/faq/


*Other products are available :)
arborlad

smile...it confuses people

scotf
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Re: Rights of access for maintenance

Post by scotf » Wed Feb 24, 2016 7:45 pm

If theres a 1ft gap between your shed wall and the boundary i cant see why you cannot use that to waterproof paint the blocks or even render it

I could manage to do it but then i would have had the sense to do so as i built the wall
I did have the sense to do this, however was refused access to do so. Its quite a feat to waterproof or render a wall before its built.

Cheers all. I sit here with a tin of Ronseal Ultra (sprayable) before me and a plan to go 'over the top' this weekend. Its clear and shouldnt be noticed is she doesnt see me do it. I plan to do as much as possible from the rooftop which is perfectly within my boundary but to just go over and get it done. I even thought of standing atop the 3 ft concrete boundary posts as i wouldnnt need to touch the ground in her garden at all, Tenuous but there we are.
Sadly, once ronsealed up, i wont be able to render it at all for 4 to 6 years. maybe she wont be there then, who knows. Its not the ideal solution, but goodness i have tried.

Then, my wife reminded me that before i built the blockwork shed, we had a smaller timber shed in its place. We made this look rather pretty, and set all around with slate chippings and nice stepping stones. In a matter of days, this neighbour had 'suddenly' decided to SPRAY her aforementioned picket fence a bright orange. Needless to say our plum slate took the brunt of it. I am sure this was deliberate, and until now had forgotten about it. So, suitably reminded, Ill be going over at the weekend. Will update you if i get a call from the rozzers.

Thanks

COGGY
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Re: Rights of access for maintenance

Post by COGGY » Wed Feb 24, 2016 9:20 pm

Good Luck

raymilland
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Re: Rights of access for maintenance

Post by raymilland » Wed Feb 24, 2016 9:50 pm

You've stated your neighbour won't allow you access but you haven't given any reason why. Is it really just that your neighbour is refusing or is there some additional "history" to this situation?

scotf
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Re: Rights of access for maintenance

Post by scotf » Wed Feb 24, 2016 10:32 pm

No history. Been here 3 years and never really spoke to each other prior to this. I suspect she was disgruntled at losing a bare, gappy dead / dying hedge to look at rather than a wall. Also, complained to council on seeing me dig footings. They investigated but it was within my permitted development so nothing came of it.

scotf
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Re: Rights of access for maintenance

Post by scotf » Wed Feb 24, 2016 10:39 pm

So, I haven't given a reason why as I have never been given one myself. Conversation never gets that far.

MrSheen above considers.this a subjective view. Possibly so, but if all I have written is the truth it must also be objective. I have relatively little to lose or gain. What's the point in telling a one sided story to curry favour.

arborlad
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Re: Rights of access for maintenance

Post by arborlad » Thu Feb 25, 2016 10:42 am

scotf wrote:
If theres a 1ft gap between your shed wall and the boundary i cant see why you cannot use that to waterproof paint the blocks or even render it

I could manage to do it but then i would have had the sense to do so as i built the wall
I did have the sense to do this, however was refused access to do so. Its quite a feat to waterproof or render a wall before its built.


Thanks


It certainly is :D ........She's quite the Wonder Woman - that one!

Not sure what area you're in but mine has a 'breezy' forecast for the weekend, you might want to review your timings :D
arborlad

smile...it confuses people

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