ACCESSING NEIGHBOURING LAND FOR REPAIRS
- AuthorNeil Belcher
If you need to access a neighbour’s land to carry out repairs to your property then hopefully the adjoining land owner will simply grant you access in a neighbourly way.
If, however, they will not give you access then contained within your title deeds there may well be a right of access reserved which you could rely upon.
There are however occasions when due to the relationship with your neighbour permission will not be given. You may however be able to rely on the provisions of the Access to Neighbouring Land Act 1992 (“the Act”) to obtain an Access Order. This Access Order entitles you to access your neighbour’s land to carry out the works.
The purpose of the Act is for home owners to gain access to neighbouring property to carry out “basic preservation works”. This would be maintenance, repair or renewal of buildings, drains, sewers, pipes or cables. It could also include felling or the removal of trees or hedges that are dead or diseased or dangerous.
In order to obtain an Access Order you would need to apply to the County Court. If the adjoining owner then contravenes or fails to comply with the terms of the Access Order they can be ordered by the Court to pay damages.