Yes! The Access to Neighbouring Land Act 1992 creates a way to resolve disputes about access to neighbouring land for essential property maintenance. It ensures that necessary repairs can be carried out while protecting both parties’ rights and interests. Prior to this the permission of the neighbour was a necessity and without this the person entering to carry out the repairs would be considered a trespasser leading to stalemate situations with repairs unable to be carried out.
Grounds for Application:
The grounds for the application must be set out with the applicant (the property owner seeking access) showing that:
(a) The works they wish to carry out are reasonably necessary for the preservation of their land (such as repairs, maintenance, or other essential works).
(b) The works cannot be done, or would be much more difficult to complete, without entering the neighbour’s land.
If the court is satisfied that both these conditions are met, it has the discretion to grant an access order ensuring that access is only given when it’s truly necessary and not just for convenience or non-essential work.
What should I do?
First try talking to your neighbour and see if they will agree, write to them formally setting out what you require and when you wish to do the work offering to give reasonable notice. Ask them to put their agreement in writing to you in case there is an issue down the line.
What happens if they won’t agree?
You will need to prepare the following:-
- details of the works you wish to carry out;
- the reasons why the work is necessary (preservation of your property);
- explain why you cannot carry out the works without access to your neighbour’s land;
- details of the area of land you require access to and how long you need it for;
- evidence that you tried to obtain permission from the neighbour and any correspondence relating to this.
This information will be collated into a claim form and supporting witness statement and be submitted to the court. The Court will notify your neighbour who may file a defence or objection and a hearing will be set to decide whether the Access Order should be granted.
Access must be reasonably necessary for essential works, not simply cosmetic or convenient.
For advice and assistance with the preparation of an application contact our property disputes expert Caroline Knowles-Ley on caroline.knowles-ley@cognitivelaw.co.uk or call Caroline on 01243 943203.