My neighbouring is refusing me access to their land to carry out work to my property. What can I do?
From time to time it is necessary for one neighbour to enter their neighbour’s property to carry out work to their land and property. Thankfully in most cases and if you are on good terms with your neighbour there is no problem as your kindly neighbour will agree to your request and allow access; but this is not always the case.
Generally, if you go onto your neighbour’s land without their permission, you are trespassing.
However, if you need to repair your property and to do so need access via your neighbour’s land, you may go onto your neighbour’s land without getting their permission.
In order to preserve good relations with your neighbours, you should still ask their permission before going on their land.
If they refuse and try to stop entry, you can seek an order from the court forcing them to give you access. The Access to Neighbouring Land Act 1992 enables access to adjoining or adjacent land for the purpose of carrying out ‘basic preservation works’ to one’s own property and applies to both commercial and residential property. Basic preservation works includes:
- Maintenance, repair or renewal of a building;
- Clearance, repair or renewal of a drain, sewer, pipe or cable;
- Filling in or clearing a ditch;
- Felling, removal or replacement of a tree, hedge or other plant that is dead, diseased, insecurely rooted or which is likely to be dangerous.
If you need to be granted right of access, proceedings must be commenced in the County Court. The court will grant an access order if it is satisfied that the preservation works are reasonably necessary for the preservation of the relevant land and can’t be carried out, or would be very difficult to carry out, without entry onto the adjoining land.
When considering granting an access order in respect of commercial property the court may include a provision requiring the applicant to pay the neighbour a financial sum for the privilege of entering the neighbouring land. The court may do so if it appears to be fair and reasonable having regard to all the circumstances of the case, for example the likely financial advantage to be gained if the order is made and the degree of inconvenience likely to be caused to the neighbour as a result of the entry. On the other hand, no payment will be ordered if the works relate to residential land.
How Moore Barlow can help
If you are facing a problem with your neighbouring land owner which is preventing you from carrying out work to your property our experienced Real estate team offers expert advice on property access rights, including the Access to Neighbouring Land Act 1992. With offices in London, Richmond, Southampton, Guildford, Lymington and Woking we are well positioned to offer local and national support.
