Neighbour law/inheritance law/ladder law for maintenance of neighbours' air conditioning unit


Questioner

Recently our neighbors installed an air conditioning unit on their roof. There is nothing wrong with that per se. But they can be used for maintenance in a difficult way via their own house onto their roof to access the air conditioning unit to maintain. We have a roof terrace, they had this too but now (with a permit from the municipality) a roof extension was installed that the attic floor is expanded. They would then need a technician to maintain their air conditioning. always have to go to their roof via our roof terrace/ladder for maintenance. Can I deny this access for this? I understand of course that for example a roof leak, neighbors have the right to access and I will always grant it. But an air conditioning system is a luxury item, not a necessity. So they would have to come up with a way themselves to control access to their air conditioning unit from their home. What is your opinion about this and what are your rights or obligations? Thank you in advance for your answer.

Lawyer

On the one hand, you are obliged to give your neighbours the opportunity to carry out maintenance on the home. On the other hand, when installing the air conditioning, they should have taken into account the possibility of carrying out maintenance on it without using your property. If the maintenance of the air conditioning is incidental, then you will not be able to oppose the use of your plot for that. If there is a need for regular maintenance of the air conditioning, then the neighbours should have planned that better during the construction and you can oppose frequent use of your plot for that.

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