Access to Neighbouring Land Act 1992 and Access Orders

Many people who come to Hewetts Solicitors to sort out their boundary dispute have already tried to get help. Often, they have talked to the local council, landlord or even the police.

It’s unfortunate that disputes arise, but if you have tried to sort things out yourself and it hasn’t worked, don’t despair. Legal advice from a specialist can often resolve your dispute and can do it cost-effectively.

Access to Neighbouring Land Act 1992

An example of a boundary dispute that we often resolve is that in which someone wants to do some work that requires access to his neighbour's land to undertake.

The purpose of the Act, in its own words is:

“An Act to enable persons who desire to carry out works to any land which are reasonably necessary for the preservation of that land to obtain access to neighbouring land in order to do so….”

In plain English, examples of the type of work that are covered by the Act include:

• Access to drains/ sewers for maintenance or repair
• Maintaining guttering or roofing or windows
• Removing trees, or invasive plants which threaten a property
• Filling in ditches or dredging streams/waterways

Of course the first step is to request access from your neighbour, and it would be ideal if they were willing to grant access for essential works. Unfortunately it is often the case that access is refused for one reason or another. The law is there to remedy this difficult situation.

Applying for an Access Order

An Access Order granted under the Access to Neighbouring Land Act requires the neighbour to give access for the specified purpose noted in the court application.

The court considers the neighbours' position as well, and may not grant the Order if it is too onerous on the neighbour and overly inconveniences them. The Court will also want to see evidence that the work cannot be carried out or would be substantially more difficult to carry out, without this access.

This is where an experienced legal expert can help you make your case and give your application the best chance of success.

Reserve a consultation today

Oliver Kew is experienced in Access applications, and can provide practical legal guidance on the merits of your claim, as well as attempting to help you resolve the matter through other means.

Please contact him on 0118 955 9612 for an initial fixed fee appointment or email

o.kew@hewetts.co.uk

Published on 29/09/2021