Wall on property boundary: Who has the right?

Questioner

An outer wall of our semi-detached house borders the garden of the neighbours. This wall is also the property boundary. We want to provide this (our) wall with cavity wall insulation. The neighbour does not want drilling in 'his' wall. Furthermore, no one is allowed on his property. Q: Whose wall is this?

Lawyer

You indicate that it concerns the wall of your home and that it is on the property line. I suspect that the wall is on your land and the outside is on the line of the property line, but cadastral research into this could provide clarity if necessary. For the time being, I maintain that your wall is really your wall. In this case, your neighbour must grant you access to your wall, even if that means that you have to enter his property. This is also called the scaffolding right or the ladder right. Your neighbour may only refuse if he has a compelling interest. This is not easily accepted. Your obligations are to inform your neighbour of your plans in good time and to compensate for any damage caused by your work. This may also be a disruption of the enjoyment of your home for the day(s) that the work continues. If your neighbor refuses to cooperate under any circumstances, you can, as a last resort, enforce his cooperation through the court.