Question:
My house is built on the boundary with my neighbour's property.
A builder is due to come and carry out a facade renovation, but refuses to do so until he has my neighbour's permission, as he has to go over to his house to erect the scaffolding.
What's going on? I'm worried because I know my neighbour will never give permission (we've been feuding for many years): can I get round this?
Answer:
There are two possibilities:
- Either an easement known as a "tour d'échelle" has been mentioned in your title deed(or in previous title deeds) and all you have to do is ask your notaire for a certificate to give to the builder, whose mistrust is entirely legitimate.
- or nothing has been put in writing: in this case, there is no right to a " turn of the ladder ".
Since it would seem difficult in your case to obtain your neighbour's agreement and have it recorded in a notarial deed, the only solution is to take the matter to court, which may rule in your favour on the grounds that your neighbour is abusing his property rights by refusing.