Can I access a neighbour’s land to carry out repairs?

There may be a right of entry specifically for the purposes of inspection or repair in the property’s legal documents. If there is no such right, or no agreement can be reached, you can apply to the County Court for an Access Order allowing you to enter your neighbour’s land to carry out the repairs….

Who is responsible for shared amenities?

Where amenities such as drives, drains or roofs are shared between two or more properties, responsibility for maintaining/using them are usually outlined in the property’s legal documents. The legal documents may give you as a property owner rights over your neighbour’s property. Where they are not expressly set out in the documents they may nevertheles…

How do I know who owns the boundary between my property and next door?

Once again you should first check the legal documents. However, the boundaries between properties can differ from those described in the title documents or lease in certain circumstances. The most common are where they have been changed by agreement or by encroachment (occupation without permission). If you think that the boundaries are not defined in…

Who is responsible for maintaining Party Walls?

There are special rules covering structural work to party walls, the owner must notify neighbours about any work they intend to carry out. These rules allow for the agreement or objection to any work within certain time limits, and compensation and temporary protection for buildings and property. If there is no agreement an independent surveyor…

What can I do to claim for damage done by children?

Whilst it is possible to sue a child for damages if they are old enough to know what they were doing, such an approach is unlikely to be successful at Court. However, it may be possible to sue the child’s parents for negligence if they have failed to exercise the control that would be expected…

Can I do anything about my noisy neighbours?

You should first try to speak with your neighbour and ask them to reduce the noise. If this approach fails there are a range of other remedies, depending on your neighbour’s ownership status: • If your neighbour is a tenant, you can contact their landlord and request that they enforce the tenancy agreement to prevent…

What can I do about overhanging branches or hedges?

In the first place you should ask your neighbour to cut back the overhanging branches. If they do not agree you have the right to pare back the branches to the boundary line (unless there is a Tree Preservation Order in place)s below). The cut branches belong to the tree owner and should be offered…

Why should I enfranchise?

Residents who own the freehold can grant themselves long leases at no charge or for a nominal price and can in addition reduce or remove ground rents. In many cases the control of the management will be taken over by the tenants or a company run by tenants or nominated by them. Finally it is…

Do I need a formal valuation?

It is almost always advisable to do so. The formulae for calculating the valuation are complex. You will need to know the valuation even if only for the purposes of negotiating with the freeholder. The notice served on the freeholder must state the proposed price. If it is unrealistic it could invalidate the notice. The…

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I have heard that I have to pay the freeholder’s costs. Is this true?

Yes. The residents’ nominee company pay the reasonable costs of the freeholder (and any intermediate landlord) in: • assessing the right of the tenants to enfranchise • dealing with the tenants notice and statutory procedure and • handling the valuation and conveyancing work. These costs comprise solicitors and surveyors fees. Costs must still be paid…