Access To Neighbouring Land

Sometimes it can be impracticable to carry out works of repair or improvement to your land or property without going onto another person's land. However at common law there is no right of entry without an easement over the neighbouring land or the consent of the adjoining owner. Unauthorised entry of course constitutes trespass. If you need access to neighbouring land in order to repair or improve your property, and your neighbour is not willing to provide their permission, we can assist you.

For An Initial Fixed Fee Appointment Call

Oliver Kew on 0118 955 9612

We can initially attempt to obtain the consent of the adjoining owner and capture the terms of any agreement within a written contract. Your position, your need for access, and the consequences of not being granted access, all need to be laid out clearly to your neighbour to provide the best possible oppurtunity of reaching an agreement.

However if your neighbour simply refuses to provide their consent, then we will advise you on and assist you with a court application for an Access Order. The Access to Neighbouring Land Act 1992  provides for the making of a court Order allowing access, but only in limited circumstances. The applicant must show that the proposed works are reasonably necessary and that it is substantially more difficult to carry out those works without access to the neighbouring land. However the Court will also weigh this against the neighbour's position, and can be convinced not to make an Access Order if it would interfere with or disturb the enjoyment of the neighbouring land, or cause the owner or occupier hardship, to such a degree would be unreasonable to make the order. So the court conducts a balancing of the parties’ interests when deciding whether an Order is to be granted.

It is also possible that the Court will only grant the Order with certin stipulations and provisos in place, along with an indemnity that any damage is made good.

If you wish to have an initial fixed fee appointment to discuss your issues then please contact Oliver Kew.