Abuse of Access to Neighbouring Lands Act 1992: Will they never learn?
Neighbour attempts to block access and costs himself £30,000 in costs, not a bright strategy but they were guided by counsel!! Who got it completely wrong.
Dr Antino’s https://apaproperty.com/about clients instructed him to make a request for access across?a neighbour’s (Mr. R) undeveloped piece of land (see photo) to repair a boundary wall that had started to crack and to repaint it. Thus, requiring maintenance and preservation works.?Mr. R refused access and instructed counsel whom we shall call for convenience Mr. F.
It should have been a simple matter to resolve if it had not been for the interfering activities of Mr R and his advisors Mr F and their engineer whom we shall call for convenience Mr. G.
Quite astonishingly Mr G said the works could be undertaken form within Dr Antino's clients' land! What nonsense how do you render the outside face of the wall if you cant go on to the land!!!!!
They got the process completely wrong, which is shocking when the act is painfully clear.
Eventually, Mr. F disappeared into the sunset leaving his client to mop up the costs of his bad advice. I have no sympathy for Mr. R or indeed anyone who seeks to distort the facts to their own nefarious gains and ego.
I hope that those less experienced and knowledgeable practitioners can seek comfort from this blog and avoid a similar situation arising in the future, where a neighbour incorrectly and blatantly wrongly seeks to delay and/or prevent someone from doing exactly what Parliament had intended.
£30,000 is?a painful pill to swallow but that’s the price of getting it wrong Mr. R, Mr. F, and Mr. G. have they learned their lesson? who knows, watch this space as they say!!!!!!!!!!!