Right of Access - Boundary wall.

[dickens]

Hi, We have a situation where the wall at the end of our garden (also our boundary wall) is also a side wall to another property. The neighbours who own this wall want to re-point their wall which of course is fine BUT we are worried that the workmen could cause damage to our property as they need access and they need to erect scaffolding on our land. There's also a security issue because I do not want potential burglars climbing into our garden using the scaffolding and we have kids running around in the garden (we have been burgled a number of times). I believe it is not a party wall agreement that we need but a right of access? Can anyone confirm and advise how we go about getting something written down on paper because at the moment we are just trusting them but things have not been going well and I DO NOT want my garden damaged in any way. We also have a shed about a foot away from their wall (only 8ftx8ft) and I do not want them to damage the shed, as it's not a cheap shed. The work is due to start soon but now I'm concerned that we are not protected in anyway. Also, does the scaffolder need a scaffolders license? Thank you

[alex_b]

I think that this situation is covered by the Access to Neighbouring Land Act 1992 so your neighbour could apply to court to get an access order if you chose not to grant access. Obviously it's better to avoid having court disputes between neighbours.

What I would suggest is that you ask your neighbour to pay for an agreement to be drawn up to sets out access arrangements, security, damages etc. I don't know if a Party Wall firm would draw that up for you, but I'm sure a local solicitor would be able to do so.

It isn't clear if this work has already started, if that's the case it may be more difficult to retract permission at this stage and you'd probably need to consult Citizens' Advice or a solicitor before doing anything.

[flocker spotter]

speak to a PWA surveyor - http://www.partywalls-london.co.uk/contact_us.html

Andrew Karoly has been good for us and lives locally. IIRC, your neighbour will cover the cost and the delivery of the PWA if it is used

Good luck