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-   -   Access problems (https://www.askmehelpdesk.com/showthread.php?t=547379)

  • Jan 24, 2011, 10:25 AM
    QLP
    Access problems
    I'm not at all sure where I should be posting this so please feel free to move if it's in the wrong place.

    Also, I am in the UK.

    I live in a house where the only access between the front of the house and the back garden is either through the house or via a narrow passage between my house and the house next door. The actual passage is on my land but there is 'a right of reasonable access for maintenance' by the neighbour. We have good neighbours that have been here for 20 years and it's normally just a case of them mentioning they need access and us opening the gate and letting them get on with it.

    Over a month ago they enlisted some builders to point the gable end of their house which means that scaffolding needed to be erected in the passageway. The work was expected to take about a week. No problem.

    Unfortunately the builders blocked the passageway, not only with scaffolding but with piles of stuff they don't even seem to be using. They rarely turn up and when they do they faff about for an hour or two then vanish.

    Our dustbins (garbage bins) have to be kept in the back garden and wheeled through to the front on collection day each week. (We are not allowed to leave them out front as there is no front garden and we would be fined for blocking the pavement.) We have been unable to do this for 4 weeks now.

    Also I am in dire need of some repairs to windows at the rear of my own house, originally scheduled for last November but postponed due to severe weather conditions here. The layout of the house makes it impossible to get a long ladder through the house.

    I'm not for a moment blaming my neighbours. The lady keeps popping round and apologising and says she isn't sleeping well due to worrying about it. I'm wondering if I can somehow put pressure on the builders since they are denying me the use of my own land but I'm worried that my neighbour might end up with a bill for work that is not completed if the builders blame me for not letting them stay indefinitely.

    Having a polite word with the builders just results in them making promises they don't keep. :mad:
  • Jan 24, 2011, 10:55 AM
    AK lawyer
    Quote:

    Originally Posted by QLP View Post
    ...
    I'm not for a moment blaming my neighbours. The lady keeps popping round and apologising and says she isn't sleeping well due to worrying about it. I'm wondering if I can somehow put pressure on the builders since they are denying me the use of my own land but I'm worried that my neighbour might end up with a bill for work that is not completed if the builders blame me for not letting them stay indefinately.

    Having a polite word with the builders just results in them making promises they don't keep. :mad:

    I am not sure what you need us to tell you. Either put pressure on the builders (I would give them an ultimatum: clear the path you need within 24 hours or you will have their stuff removed.), and risk your neighbor being subjected to retribution from her workers; or do nothing and put up with the problem. It's a difficult choice.

    Can the scaffolding and materials be stored in the back yard where they will not block the walkway beside the house?
  • Jan 24, 2011, 01:07 PM
    QLP

    Well I would rather put up than cause major problems for the neighbours in all honesty.
    What I'm thinking is if I say to the builders that I will need them off my land by a certain date, do the builders have recourse against me or my neighbours if they are unable to complete the work by then?
    They did give my neighbours an estimated end-time several times and it is nowhere in sight so I might actually be doing my neighbours a favour as they are desperate to get the work finished but I'm just worried that the builders could use this as an excuse to wriggle out of the work altogether.

    The scaffolding cannot be moved as they need to use it to complete the work. When I asked about the other stuff I was told they didn't know what they would need yet but would 'sort it shortly.' Unfortunately what they say and what they do are 2 different things. I asked if I could move it and they 'no - leave it to us missus'.

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