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Gaining Access to Neighbour's Land

By: Jeff Durham - Updated: 3 Apr 2020 | comments*Discuss
 
Access Neighbour’s Land Neighbouring

If you have a good relationship with your neighbours, it’s not usually a problem for them to grant you permission to go onto their land in order that you can carry out repairs to your own property. It might be a gutter that needs replacing, and you need to get onto their side of the fence to remove the old one and replace it with a new one. Perhaps it’s a tree that is situated in your garden but which has become dangerous and unstable and it needs chopping down, yet some of the branches now hang over your neighbour’s fence. It could even be something like a drainage issue.

Ask Your Neighbour for their Permission First

A polite approach to your neighbour to ask them if you can go onto their land to resolve a problem will usually be sufficient. Sometimes they might want to ask you for more specific detail about the nature of the problem, and why you need to do the work from their side. They may be perfectly amenable to you gaining access from their side, but it might have to fit in at a time which suits them.

However, there will always be ‘awkward’ people or those who prove to be the exception to the rule and, depending on your reasons for needing to go onto their land, they might refuse permission and they may have every right to do that. In certain circumstances, you might be able to force access by taking legal action.

What The Law Says

The Access To Neighbouring Land Act 1992 can, in some instances, force a neighbour into granting you access to their land. However, the reasons needs to be justified and applicable to the law, and you must apply to the county court for an access order for which you will be charged a fee.

Justification for Granting Access to a Neighbour’s Land

When applying for an access order, you must be able to prove to the court that the repairs or any work that needs to be carried out would be necessary to preserve either a part or all of your land or property, and that either the work could not be carried out, or would be substantially hampered by the failure to be given access to your neighbour’s land.

The Importance of the Term ‘Preservation’

It’s important to be clear that an access order will only be granted in relation to the preservation, renewal or repair of any existing structure and related components of it, such as drains, pipes, cables etc, which might have become damaged, or the Removal Of Trees and other growing vegetation that might be dead, diseased, damaged or which may have become uprooted and could be deemed dangerous if not removed.

Therefore, this does not mean that you will succeed in being granted an access order if you are building an extension to your property, even if you have planning permission. Yes, certain alterations, modifications and improvements might be permissible under an access order, but only if they are incidental to the other preservation work which is carried out and it can be justified that this is necessary.

Unless relations between you and your neighbour have become so bad that they have reached a point of ‘no return’, there is rarely need for you to ever have to apply to have an access order granted. However, it is important that you understand the legal implications and the limits of the Court’s powers in this regard. This is especially relevant for any planning developments that you may be considering, where it might be highly advisable to discuss the potential for access to your neighbour’s land with your neighbour directly, if you think that might be necessary, before going ahead with any work – even if you have been granted planning permission. Understand more about your rights to access to neighbour's land here

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At the time I am writing this it is bang in the middle of the disastrous COVID-19 pandemic and the UK is in lockdown. So what I am commenting on is very minor in comparison to the huge effect it has already having. However I would appreciate anyone who is knowledgeable in such matters to be so kind as to give advice. I have lived in the same Flat for around 5 years now with the property sub-letting by my father. I won't lie, this was because as a vulnerable adult with bi-polar, autism and oversensitive hearing and living on welfare there was no way I would be able to get any property being let on my own. In addition there is the lack of Supported Housing which is really needed by vulnerable adults. My flat is only separated from the flat next door by a thin wall. I occupy a lot of my time by making paintings and selling them. I also am being cared for under the local Mental Healthcare Team and receive regular treatment. I get many requests for certain paintings and some commissions which is good for me as I feel like I am really working and not wasting my life. I read a lot, or rather I used to. All in all I am a quiet tenant and believe in respecting one another's space. Recently new Tenants were moved in quickly before lockdown, and since then it has been constantly going around the back exit to smoke when it has been made very clear this is not permitted as the building is listed. Really loud music has been played and I am in a state of very high anxiety and despair this would spiral into a depressive episode as there was not much I could do. I cannot stand the loud music andI scream and yell for it to please stop, but it doesn't. It became unbearable to the point where I completely lost all reserve and banged very loudly on their door in an effort to be heard over the music. They turned it down but did not open the door to engage. I am so distressed and upset by the effect this is having but I do not know what to do, the Seior Tenancy Manager was informed by me and it stopped for a while then carried on again. I do not want to keep e-mailing the Manager so instead have began a logbook recording when and what events are taking place. I understand under this terrible and tragic state of the pandemic we are required to stay at home unless absolutely necessary, but I do not know how I will be able to endure it long enough for enough evidence to have been logged which would be around 6 months. I believe I would be more ok without the autism or bi-polar but I am feeling cornered and entertaining suicidal thoughts which is never a good sign. It does sound over the top and selfish right now but unfortunately this is what happens with others with similar/the same conditions especially oversensitive hearing and constantly being on edge. It is exhausting. If anybody can help with advice I would be most grateful
Fzellion - 3-Apr-20 @ 10:38 PM
Hi we are in process of having a conservatory built and the only way to access our back garden is via neighbours parking space at rear. Property was rented out but has been empty since October when owners put property up for sale. I rung estate agents to let them know about building work and builders using space etc to place skip and unload materials etc. Gave them my details and asked them to pass onto owners. When start date confirmed I contacted estates again by email explaining what we were doing and reassured everything would be left clean and tidy.It transpired despite saying it was not a problem the estate didn't inform the owner who turned to find skip etc. This obviously far from ideal. Neighbour acknowledged we had done right thing and estate agents were in the wrong. However neighbour now being awkward and refusing to let us remove fence panel. This has meant side walls, which were supposed to be brickwork, have had to built from breeze blocks. The side walls will need to be rendered and painted to make structure completely watertight. Basically building work cannot be finished without removal of fence panel.He says is not prepared to give permission as it will put people off buying the house.Advice appreciated
Karen - 22-Feb-20 @ 1:31 PM
Housing developers building on boundary to my property have installed pipe work, which I assume is to take groundwater off their development, about 3 or 4 metres into my land without asking my permission. Are they allowed to do this?
sue - 30-Dec-19 @ 4:02 PM
Housing developers building on boundary to my property have installed pipe work, which I assume is to take groundwater off their development, about 3 or 4 metres into my land without asking my permission. Are they allowed to do this?
Sue - 30-Dec-19 @ 3:59 PM
We wish to lay new turf up to our boundary with a neighbour, as our land is higher we want to place retaining wooden sleepers to prevent our soil from drifting onto their land.In the future they wish to replace the partitioning fence (the deeds show the fence is their responsibility), and want us to leave a 2 foot gap between our turf and the fence to facilitate this as they have prickly plants, trees and patio laid up to the fence on their side.Can they prevent us laying our turf up to the fence, as a concession, we are happy to leave a 6-inch gap between the fence and the retaining sleepers that we will infill with pebbles and expect them to replace after their works, but they feel this isn't enough as they wish to put all the concrete holding the fence posts to 18 inches within our side of the boundary as there is the patio on their side.Where do we stand?
Rosie - 29-Dec-19 @ 8:46 AM
I have a problem withy neighbors. I opened a hole in his wall and he closed it at I need a drainage for the rain. How do I go about opening the hole again.
Mac - 20-Nov-19 @ 8:48 PM
My neighbour erected scaffolding on my property without my permission and his builders caused a lot of damage. Having been granted permission to access his roof to carry out the repairs he now wants me to reapply for permission again as the weather has prevented the repairs from being carried out.Initially, I stated the nature of the repairs and due to the extent of the damage they are taking longer than planned. Advice please
Angry of Zomerzet - 14-Oct-19 @ 4:51 PM
I'm building an extension the room mill run past my neighbours bed room window that should nt be there I have offered 2 put in a new 1 for them.. But do I have 2. There bed room window looks straight into mine as far as I know this isn't allowed. Where do I stand with putting on my roof
Ger - 22-Sep-19 @ 8:14 AM
Hi 10 years ago had a conservatory built, which the conservatory wall and the gutter end in line with my neighbour boundary. They have erected a fence between our gardens which is basically on our property which actually run down the boundary line fixed onto our house wall and runs under our conservatory guttering.This has been of no concern until of recently. The firm THE BEST who built our conservatory, due to failing glass poor workmanship and some negligence have had to return to do repairs to the conservatory many times in the past 10 years and have required having access to my neighbour’s garden to attend to the repairs. I estimate they have had to have access to my neighbour garden about 6 occasions in the 10 years; at one time my neighbour refused the company permission to access their garden.This was resolved by having a chat with them and a couple of bottles of whiskey. However having last month had to have a complete new roof put on under my 20 year guarantee.The roof has not been done correctly and surveyor has told me it would require dismantling repaired and reassembled, this has yet to be agreed by the company who built it and maintains it under the guarantee conditions. Although my neighbour gave permission recently for the new roof to be put on, I have just had a polite chat with them about what the surveyor told me, they told me that they will not allow any further access to their garden for any future work to be carried out. I explained to them the poor workmanship done on my conservatory is totally outside our control, and that due to rain pouring into the conservatory through poor workmanship issues, I need this attended to soonest to avoid serious damages. However they repeated they will refuse any future request to their property. I mentioned that maybe the firm could use scaffolding but it would require for you to remove the fence that is up against the conservatory wall on my property to allow a couple of poles to be put down as part of the erection of the scaffolding but I would need to ask a scaffolder for advice, however as they are in their 80's they would not be able to take the fence down, nor will they allow scaffolding to be put on their land/garden. I have not told the conservatory firm yet about my neighbour’s refusal of future access as I am trying to resolve it in a friendly manner without having to apply for access? Any advice regards this issue is much appreciated.
Pete - 27-Aug-19 @ 3:01 PM
my son has moved into a rented property only to be confronted by a neighbour who state she has access across his garden to put bins out and have deliveries dropped at the back door ,how ever my son has a child and i’m worried that wen my grandson is in the garden anyone could walk in as the neighbour requests no locks to be put on the gates is this right
jane - 27-Aug-19 @ 9:06 AM
My house is detatched - neighbours erected a fence that they asked permission for it to be attached to my property - which I was happy to grant on the proviso that we could still gain access to the side of our property for maintenance. They have now erected a shed that is against my chimney breast with no guttering. We have not access to the chimney - and we have a log burner, when it rains the excess water is running straight onto our home. Do we have any rights here?
Lallison - 29-Jun-19 @ 9:50 PM
Neighbour allowing access to his property to enable me to maintain my property:But is refusing to move large garden plant posts/ornaments.He says that I maintain my property at my own risk, if I damage any of his compensation, he will seek reimbursement.What can I do?
na - 9-Jun-19 @ 1:08 PM
My neighbour has erected a wall 1ft 7 inches and then placed 6 ft panelling on top on the disputedboundary line of the semi detached house we own , he was advised to stop building the wall back in October 2018 , but has completely ignored this and feels he can do what he likes when he likes , the front garden is only about 14 feet long and ittowersabove us .if we make any attempt to talk he calls the police for harrasment , it's is making me ill all this going on , advice please
D - 26-Mar-19 @ 3:33 PM
My neighbors have enclosed the ally way next to party wall.They have drilled holes in the party wall to hang coats etc .They have refused to allow me entry with a structural engineer to inspect the party wall.What can I do to gain access to see what they have done to the wall?The council say my neighbors don't need planing for enclosing the ally with doors at both ends.They are using this area as a cloak room.
Tifmac - 13-Feb-19 @ 12:53 AM
I will firstly say I have no desire to take full on legal action, it is a fence/boundary issue, but I seem to not be able to get a reasoned answer from the chap next door I am after advice in respect of setting out my stall and more importantly knowing where I stand (legally) and then advice on practically how to defend myself and property regarding the fact I simply can’t get my neighbour to stop. I bought my house almost 2 years ago. The boundary walls are silent.It is a 1935 semi, so concrete block structure either side of the garden.They are your typical wonky 1935type walls.I have checked his deeds also, the fence is not mentioned at all, just the walls The gardens are stepped, the house to my left is lower than me by about 6ft.The house to my right is higher than me.All of the walls on the street, lean slightly to the left. The elderly neighbour on my left has been maintaining a fence ( he says he has), that he tells me was already up in 1993 when he moved in.The fence sits on top of the boundary wall, but the batons are fastened to my side of the wall, and are vile to look at and badly constructed and maintained.I have spent thousands on the house so far, the garden is my next project. He grumbled to me when I moved in that my predecessor didn’t look after the garden, hence I presume the fence maintenance. It is really a gentleman used to getting his own way ( a prime example is that he paints my side of the apex of the pillar box and boundary wall out front) and he complained when I took down a bush in the front garden when I moved in as he used to attach his Christmas tree lights to it….. However, my assumption has always been it is mine, it is on my side. It can’t have been built by the person who owned his house previously.Besides it can’t be his as if it was his, I presume to erect the fence on top of the wall on his side, would give him walls in excess of 6ft 6 and he would require planning permission Twice in 2017 I caught my elderly neighbour in my garden.Once on a Sunday morning at around 9 am,he was well aware I was in, as he would have had to squeeze past my car to access my gardenand once when I returned home.The latter occasion he had let himself in to paint my side of the fence and there was creosote all over the wall and all over my grass.I asked him to stop coming in my garden both times. There are no rights of way and the driveway is not a shared one.He simply ignores my requests. I realised after the first time, and having caught him the second that he has no respect for me and is probably so used to getting his own way, so I simply erected a driveway gate and thought that would solve the issue of the trespass and tinkering to the fence.I have naïvely ignored his re attaching fence panels as they have erodedas I had no idea that he has been scaling the wall since I built the drive.He has always been rather dismissive and unpleasant so I have been activel
Rae - 7-Feb-19 @ 10:34 PM
I’m hoping you might be able to help/advise me on a problem I’m having with my property caused (I believe) by the building work my neighbours have had done. My property is end terrace and was built in 1904. My neighbours ( who live abroad) have converted their attic into a flat accessed by an external staircase which butts up to my lounge wall. This access was originally fitted in the late 1980s and a new one fitted last year. Since then a damp patch appeared on my lounge wall at the level of the stair landing, along with an awful noise whenever the staircase is used. I have been in contact with the owners who employed a surveyor to look at the problem. He expressed his thoughts to me stating that the original staircase had damaged the rendering which should have been repaired before erecting a new one. Also there should be a gap between my wall and the stairs. Although I have asked the owners to see the report it hasn’t been shown to me. Only the builder, whom I assume doesn’t want his work criticised, has visited stating that the stairs are not the cause of the damp. Also an email from the owner stating that the flat is only use 2 months a year so any noise should worry me. I am at a loss as to where to turn now and would be grateful for any assistance dealing with the problem.
Penny - 10-Jan-19 @ 9:36 PM
I’m hoping you might be able to help/advise me on a problem I’m having with my property caused (I believe) by the building work my neighbours have had done. My property is end terrace and was built in 1904. My neighbours ( who live abroad) have converted their attic into a flat accessed by an external staircase which butts up to my lounge wall. This access was originally fitted in the late 1980s and a new one fitted last year. Since then a damp patch appeared on my lounge wall at the level of the stair landing, along with an awful noise whenever the staircase is used. I have been in contact with the owners who employed a surveyor to look at the problem. He expressed his thoughts to me stating that the original staircase had damaged the rendering which should have been repaired before erecting a new one. Also there should be a gap between my wall and the stairs. Although I have asked the owners to see the report it hasn’t been shown to me. Only the builder, whom I assume doesn’t want his work criticised, has visited stating that the stairs are not the cause of the damp. Also an email from the owner stating that the flat is only use 2 months a year so any noise should worry me. I am at a loss as to where to turn now and would be grateful for any assistance dealing with the problem.
Penny - 10-Jan-19 @ 9:35 PM
I already have email permission for a section 104 for mains sewage connection & have to complete the forms.In order to connect I need access across a neighbour’s Tarmac drive which will need to be dug up I will of course pay for any costs involved to make it all good but should I offer some personal compensation for the disruption. If so how much ? I need to dig a channel approx 6 metres long Many thanks
Evie - 3-Jan-19 @ 10:56 PM
We require work on our roof mid terrace. Our neighbour is refusing us to do this unless we replace the old tiles with the same although they are inefficient. They initially agreed for work to go ahead with new tiles and have now refused. We would need to remove a few of their existing tiles but would replace them as they are. No damage to there property would be incurred. Do we have any rights. Our neighbour on the right has no issue with work being done. Help
clare parry - 1-Nov-18 @ 6:28 AM
My neighbors have built a conservatory to within 6 inches of my close boarded fence the building came in two parts which the builders need to access to seal it where do I stand on this matter as we do not have good relationship with the neighbors and the builders as they need to take my fence down
Blink - 28-Oct-18 @ 1:01 PM
I am trying to bring Electricity to a Self build. My problem is the nearest Electric Pole is 250mm inside the neighbouring property and she is refusing to let UK Power Network access to the pole. The Difference in costs from that pole £1980.00 to the next is £30k. UKPN is saying they cannot do anything unless she aggrees to let them have access, but I've been told about the Electricity Act of 1989? Can you please help? westwood
westwood - 11-Jul-18 @ 5:49 PM
Helen - Your Question:
I own land at back of my propertyI have to give my neighbour access to parking space on my land.I am selling my house and the new owner to be have said if I own theland and the 21 years restricted Providence was up last year they don't have to give the access is this right

Our Response:
We don't know. What are the terms of your deeds? If not there, is the access right documented elsewhere?
ProblemNeighbours - 27-Jun-18 @ 10:34 AM
I own land at back of my property I have to give my neighbour access to parking space on my land. I am selling my house and the new owner to be have said if I own thelandand the 21 years restricted Providence was up last year they don't have to give the access is this right
Helen - 26-Jun-18 @ 2:40 AM
I am at a loss as to what my next step should be: The side of my property backs onto a field which has recently changed hands - the new owner has now erected stables and feed stores for her horses (all retired).The issue and problem is that when my neighbours dogs are in the field and barking, my young labrador leapt over my wall to play with dogs.Clearly this was not something the owner of the field was happy with and obviously I did not want to create an issue.We arranged for my wall to be increased however when I wrote to the field owner advising her that the builder would require access onto the field with the sole purpose of laying the bricks on the field side, she has refused them access.My builders have tried really hard to work from my garden but it is proving really difficult for them. what are my legal rights?
Christina MacDonald - 15-Jun-18 @ 9:01 PM
Verity - Your Question:
I have lost bed at my property for over thirty years with no neighbours to back and right side of me and was told when buying the land to the back and side was land that could never be built on. Cut long story short planning permission was granted to the side of mine for 13 social houses. While these were being built I have put up with lots of problems, noise, horrendous dust and damage tomy boundary fence. The builders want to remove my boundary fence and put up their own but as my fence was well covered by shrubs mainly prickly planting to stop anyone from climbing over and also the shrubs were full of birds some nesting I refused this. The builders have since dug out so close to my fence I can see daylight under it and the land behind is lower they also hit and pushed my fence with the digger scoop which they used to just rip all my shrubs of the rear of my fence. Now I have a fence that’s falling over a huge amount of shrubs that are all dead and idle promises to put things right. I’ve now had to have the builder round to look at all this and he said they were in the right removing all the foliage and digging out right up to my fence as it’s their land and also as my fence posts weren’t that strong it’s not their fault the fence has fallen like it has. Who do I go to for help and what rights do I have to ask them to repair the damage. They even fastened with big screws and tied things to one of my corner posts all without permission but told me they didn’t need it as my fence formed the boundary. I’m exhausted with it it all

Our Response:
If the fence belongs to you, the builders have no right to touch it or attach anything to it. First try writing to the company to claim some kind of recompense for the damage. If that doesn't provide you with a solution, you may have to claim damages via the small claims court.
ProblemNeighbours - 15-Jun-18 @ 3:06 PM
I have lost bed at my property for over thirty years with no neighbours to back and right side of me and was told when buying the land to the back and side was land that could never be built on. Cut long story short planning permission was granted to the side of mine for 13 social houses. While these were being built I have put up with lots of problems, noise, horrendous dust and damage to my boundary fence. The builders want to remove my boundary fence and put up their own but as my fence was well covered by shrubs mainly prickly planting to stop anyone from climbing over and also the shrubs were full of birds some nesting I refused this. The builders have since dug out so close to my fence I can see daylight under it and the land behind is lower they also hit and pushed my fence with the digger scoop which they used to just rip all my shrubs of the rear of my fence. Now I have a fence that’s falling over a huge amount of shrubs that are all dead and idle promises to put things right. I’ve now had to have the builder round to look at all this and he said they were in the right removing all the foliage and digging out right up to my fence as it’s their land and also as my fence posts weren’t that strong it’s not their fault the fence has fallen like it has. Who do I go to for help and what rights do I have to ask them to repair the damage. They even fastened with big screws and tied things to one of my corner posts all without permission but told me they didn’t need it as my fence formed the boundary. I’m exhausted with it it all
Verity - 15-Jun-18 @ 6:47 AM
I am trying to find advice for a neighbour / privacy issue, I live in Scotland. My neighbour told me he was putting a ramp to his property for a wheelchair his wife now needs, he doesn't need planning permission. I assumed te ramp would be put where his existing steps are, never assume. The digging started last week to my horror right next to our wall that devides the two properties,this will mean thatwhen being used the people accessing the ramp will on reaching the top come right in front of my living room window.surely this cannot be acceptable under privacy laws, the advice I require is who do I go to?. Is there any legislation that would argue my case to privacy?.
Frannie - 12-Jun-18 @ 1:01 AM
Permitted development Class G - chimney, flues etc. Neighbour infill of car-port asked for permission to 'overhang' our property with a small flue contraption. Being good neighbours we said that would be OK but that at no point would we ever consider the structure being on our land. We were assured two things. That it would only overhang and he demonstrated some height (he's a tallish fellow) by bending down and raising his hand to about 8 inches to a foot. We were away and when we returned this massive supporting structure IS BUILT ON OUR LAND and is about 6ft wide about 7ft high and with a black metal chimney going up another 8ft on their side elevation. They have also taken out fence panels, which are propped up against our side elevation wall (we are detached they are not) the gravel boards have been destroyed and the concrete fence posts destroyed also. I think they have broken them. We did say they could have access to do the work, again, in the spirit of neighbourliness, but at no point did we say that they could effect their work and in so doing destroy our property and, possibly, effect the resale value. I'm going up to 80 years of age. I don't like liars and I certainly don't like people who think they can run rough shod over what had been agreed because we would, and should have said, No. Another part of our 6ft fence has been cut up and is now at an angle. This was supposed to be a temporary measure, but looks as though it will now be permanent as the construction for the flue - 4inches away from our guttering on our new conservatory, prevents our fence line from being put back to what it was before they started the infill and the structure for the flue. I'm devastated. I realise that it is a permitted development, but on land belonging to someone else, you have got to be joking, and I don't find it funny in the least. I'm losing sleep and have had to make an initial appointment with a solicitor. That they did this at a very opportune time when we were away smacks of knowing what they were about all the way through, and I have no doubt that they stood on our conservatory roof (a solid one) or effected access by climbing over our wrought iron padlocked gate to do the work. I can see no other way in which they could have completed the task.
distraught - 5-Jun-18 @ 5:25 AM
Mike - Your Question:
My title deeds give a right of overhang does this right carry with it an implied right to enter neighbours land for maintenance purposes?

Our Response:
No not necessarily. In general there may be a right of access for essential repairs under the above act anyway.
ProblemNeighbours - 14-May-18 @ 3:39 PM
My title deeds give a right of overhang does this rightcarry with it an implied right to enter neighbours land for maintenance purposes?
Mike - 12-May-18 @ 11:03 AM
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