- 21st October 2013
- Posted by: Seatons Solicitors
- Category: Articles, Civil Litigation
Disputes between neighbours can cause a lot of unpleasantness. If you need to deal with your neighbours relating to matters over land or property, it is always advisable to resolve the situation in a friendly and amicable way, whilst at the same time ensuring you know your legal rights and responsibilities.
However, if your neighbours flatly refuse to grant you permission to gain access to their land to allow you to complete vital maintenance work to your own property, there are procedures you can take to enforce your right of access.
The Access to Neighbouring Land Act 1992 enables access to adjoining or adjacent land for the purpose of completing ‘basic preservation works’ to one’s own property. Basic preservation works includes;
1. Maintenance, repair or renewal of a building
2. Clearance, repair or renewal of a drain, sewer, pipe or cable
3. Filling in or clearing a ditch
4. 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, the proceedings must be commenced in your local County Court. The Court will grant an Access Order if it is satisfied that the preservation works are;
1. Reasonably necessary for the preservation of the relevant land and
2. That they cannot be carried out, or would be very difficult to carry out, without entry to the adjoining land.
The Court can still refuse access if it considers that it would cause hardship to the occupier or significantly interfere with their enjoyment of the land in question.
The Access Order will specify what work is to be carried out, when and where and can also provide for any loss or damage to the owner or occupier of the land.
If you require any further advice relating to this matter, or any aspect of landlord and tenant, then please do not hesitate to contact us on 01536 276300 or email firstname.lastname@example.org.