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Your Rights Under the Access to Neighbouring Land Act 1992

By: Jeff Durham - Updated: 19 Feb 2019 | comments*Discuss
 
Access To Neighbouring Land Act Access

For the most part, you should rarely have to concern yourself with this Act if you have a decent relationship with your neighbours. From time to time, each and every one of us will have to repair or replace things on our property which might require ourselves or workers carrying out work on our behalf to gain access to our neighbour’s land in order to resolve the problem.

Generally, it’s a simple matter of letting your neighbour know what work you’re intending to carry out and to ask their permission if you can Gain Access Their Land and in order to conduct the work and to arrange a suitable time. Nevertheless, disputes can arise or you might just not get on with your neighbour, and both of these issues can make it difficult to carry out the work.

However, the Access to Neighbouring Land Act 1992 can facilitate matters in some cases, if you need to resort to a more formal solution. Therefore, it’s good to know your rights with regard to this matter, what the Act covers and, often more crucially, what it doesn’t.

Your Rights

In order to grant an access order the court must be convinced that the reasons you need to gain access to a neighbour’s land, if they have been flatly refused permission, are valid as contained within the Act. Valid reasons for granting an access order would include:

  • The maintenance, renovation or repair of a property (or parts of it) in order to preserve it
  • The clearing or repair of any sewers, drains, cables or pipes
  • The removal or filling in of a ditch
  • The felling of a tree, plant or hedge (or parts of it) which have died, become diseased or which have become insecurely rooted and unstable which is likely to pose a danger

The basic interpretation of the law here is that the work must relate to the ‘preservation’ of an existing structure as opposed to granting permission to gain access to a neighbour’s land in order to make it easier to construct a new development, such as a new conservatory or extension.

Therefore, even if you have been granted planning permission for a ‘new build’, this does NOT mean that you can automatically gain access to a neighbour’s land if parts of the work need to be carried out from their side of the Boundary Line. That is not covered by the Act and any such work in this instance would have to be agreed to by both you and your neighbours themselves.

Exceptions To Granting Access

In some cases, the courts can refuse to grant an access order if they decide that in doing so, it could cause severe hardship to your neighbour or land owner, or that it would significantly reduce their capacity for enjoying their own land.

If an access order is agreed to by the courts, it must then specify exactly the work which needs to be carried out, the date work will commence and the date it must be completed by. Obviously, if the date is not suitable to your neighbour, they can request an alternative date. It would also be your responsibility to pay any compensation to the landowner, i.e. your neighbour, should they incur any financial loss, or put right any incidental damage that might result to their land or property as a result of the work you’re having carried out.

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We have a property that was originally a Gentleman's Villa converted to separate units in the 1950s.Several of us have odd little courtyards with Party Walls in abundance.All the Title deeds give permission to access for repair and maintenance etc which is what you would expect.However, a neighbour is insisting he has the right to come through our property in order to access his roof; the part of the roof he needs to get to does not share a boundary with us, it would simply be easier for him to get access from our property instead of getting access where it is needed.Do I still have to grant access?
Somewhat Confused - 19-Feb-19 @ 7:52 AM
HI, I LIVE IN A SMALL HOUSE DOWN A FARM TRACK WHICH I HAVE TO DRIVE BUT THE TRACK IS SO BAD NOW, WE ARE HAVING BUILDERS, OIL DELIVERIES AND OTHER SERVICES REFUSING TO COME DOWN AS THE TRACK IS SO BAD, ITS EITHERTOO HIGH IN THE MIDDLE SO SCRAPING THE CAR UNDERSIDE OR ITS FLOODED DUE TO POOR DRAINAGE ON FIELDS BUT THESE TRACKS ARE MISSING LOTS OF HARDCORE. PLEASE CAN YOU ADVISE , AS HAD ANOTHER ELECTRIC COMPANY REFUSE TO COME DOWN AND ALSO A BOILER SERVICING HAS ALSO DONE THIS. WE DON'T EXPECT IT TARMAC ITS A FARM BUT THEY HAVE THE MACHINERY AND THEY COULD JUST SCOOP THE MIDDLE AWAY AND PUT SOME BITS OF HARD CORE DOWN THEY HAVE LOADS PILED UP.
alice - 12-Feb-19 @ 5:46 PM
I live in a litttle hamlet on an unadopted road with just one way in or out.My neighbour owns the land in front my cottage which incidentally is about 400 years old, I have lived here for 35 and a 1/2 years.What rights do I have on parking outside my own door and can I stop other people from doing so.
netty - 30-Jan-19 @ 2:52 PM
Our neighbour has put in for planning permission to split their garden to build a house. To maximise the available plot to conform with the minimum size they want to build to 2 metres on a boundary one side and right up to our boundary wall. We will not be able to carry out maintenance to preserve our 60 year old war. It will also make it difficult to reach all of our garage wall. Our local planning office has told us they are not interested and will not turn down the application, or make a direction to move the build away from our wall. How can this be legal ?
BlueMoon - 21-Dec-18 @ 8:27 PM
We have dry rot in a wall we share with the flat downstairs. The owner of the property (who doesn't live there) has scammed my husband on mutual works in the past and we were waiting to find a contractor to check it out that isn't in his pockets while also waiting for the sale of one of our other properties to get the money together to pay for the initial costs we were sent by the downstairs landlord. We recently received a letter from his insurance companies lawyers claiming we had continued to refuse entry and so they would pursue the Access to Neighbouring Land act and charge us for the thousands in legal fees. They haven't contacted us at all. What are our rights in this situation?
Sue - 2-Dec-18 @ 8:21 PM
We have a shared drive with our neighbour and recently the drivr started to collect water on our side vety close to this. So to resolve this problem my husband attempted to create a soakaway using a creat however relised that this would be less then 5 meteres from both prperties so we stopped and filled it back in it was only filled in temp with soil and stones we relised it wasnt adequte so we got a qute from a civil engineer to repair it properly however our neighbour is now being obstructive and will not let us acces there side of the drive to enable us to correct the situation relise that it was a mistske we made initally but we cant leave it as it is and all we want to do is make it right can anyone help
Mm - 17-Nov-18 @ 3:22 PM
We currently live in a 1970s terrace house but around a car parking area which has not been handed over to the council and ownership is split between the owners of each property.At the rear of this car park area is an access footpath that runs along the boundary to serve the rear gardens of another row of houses which have parking allocated at the front of their properties.Some of these householders have now extended their rear garden over the access footpath and created access gates from their extended gardens into our parking area and are now using our parking area to access their properties and park their cars.This is causing a further problem as when this is done one of our householders is unable to access his garage.How do we tackle this problem and should they have applied for planning permission?We believe that the access footpath has also not been handed over to the council and will therefore be listed on the deeds of their houses.
Pauline - 29-Oct-18 @ 4:58 PM
We’re looking ti do a small extension. Our neighbour has a pre existing gate onto a private road, the private road serves 8 houses. We’d like to use the neighbours gate as access (which they are happy with). The access road title is owned by an insolvent building company but the 8 resisdents pay to maintain it. Can we use our neighbours gate for transiting goods in and out (all by hand)? Or do we need permission of access of all 8 houses?
PDC - 24-Oct-18 @ 6:47 PM
My house is sideways onto a shop who have built a stockroom up against the boundary wall (end of terrace) and touching in some places. We can hear the fridges clicking on and off and every noise made in there. We have made requests to gain access to the wall (to maintain and check for signs of rats!! as they are a massive problem) but the gap is less than a foot and that's at its widest and all emails have gone unanswered. The previous owner of the property is elderly and suffers with mental health issues, she says she raised concerns at the time but only verbally and was fobbed off.. I've fired off so many emails I feel like i'm going in circles and the rat issue is only getting worse, even with pest control in place.. What can we do?
Pinky - 18-Oct-18 @ 10:58 AM
Useful site. Without wishing to get into a competition about who has the worst neighbour, I can sympathise with you all as I have an awkward situation. My neighbour is claiming adverse possession of part of my land. That case will have to go the Land Tribunal it seems. Second problem is that the same neighbour has placed rocks across a "ransom strip" which runs along my existing gateway. I am considering a temporary means of vehicle entry via Access to Neighbouring Land Act 1992. Can anyone point me towards the correct County Court form please?
Swizzle - 15-Oct-18 @ 3:02 PM
My neighbour has started running buisness from her garden,I have lived in my home for 32 years and is in a culdesac I live in the area where the only access to my house is a small drive entrance off the part of the close,myself and my next door neighbour are the only houses who’s entrance is situated here and is also our allocated parking(which is on the deeds) however my neighbour has a gate which opens onto said parking space and I now have a dream of people passing my front window and cars completely blocking access in or out at all times of the day. I am getting very angry with the disruption they do not care at all,the gate opens outward and was moved 2 meters from original situation, I can no longer park as it will hit my car is what she is doing legal ?
P - 11-Oct-18 @ 3:33 PM
The private lane giving access to nine properties is jointly registered to my property and one other.My immediate neighbour wishes to build another house on part of his land.Does the builder need to seek an access agreement with me in order to use my part of the lane to construct the new property?
Jack - 10-Oct-18 @ 8:54 AM
My neighbour barges towards me then nastily shouts at me. She told me to move ladders from her garden. I had just got home from a work contract away and my ladders were in my garden as left. Weird. Then I was on access path and same weird neighbour barged at me with a video shouting injunction at me on my path used 40 years now. I had a neighbour other side tried same thing and used to throw pots off my walls screaming wall was hers. Is there a way to stop such lunacy? To
Fraught - 8-Oct-18 @ 12:01 AM
Hi, my neighbour has built a glass roof rear extension towards us and our party wall.He told us there won't be any problems that the glass roof is self-cleaning and the maintenance of his gutter will be done by a high-pressure water jet. We agreed and after two years got a planning permission to do the same, however, our roof is going to be solid with the skylights. Now, he is demanding an access to our new roof once we build the extension to keep maintenance of his glass one. We need him to sign the party wall award. Does he have a right to this access as a part of the written conditions in this award? Thank you
A - 27-Sep-18 @ 6:44 PM
I live in a property that has been converted into 2 flats. Both are freehold flats. The ground has a rear extension with a flat roof. I have lived in my first floor flat, I have lived here for 16 years, The owners of the ground floor bought theirs 11 years ago. They have recently had a new boiler installed in their extension. They installed a flue through the flat roof. They had a roofer there who was reinforcing the area around the flue with new felt which he was heating up with a large flame thrower type torch. I had some concerns as my bay is directly over the flat roof and the flue has been installed slightly to the right and about 2 feet away from my external brick wall. My bay window and soffit underneath the bay are made of UPVC. He was kneeling underneath my bay, against my brick wall whilst operating this torch. At once point he changed knees and that caused him to flail his arms round directly towards by UPVC bay. I haven't been able as yet to gain access to the neighbours garden check my bay for signs of heat damage but I intend to very soon. But my immediate concern is that he has finished off his patch by continuing the felt up my brick wall for about 8-10 inches. I am not happy with this. I do not feel that this course of action was necessary. He has not taken the edge of the felt up to the edge of the flat roof, so why has he continued the back edge up my property without my permission or any prior consultation. Who do I complain to? Do I complain to the owner or the roofer? Am I within my rights to demand that it be removed from my wall. or at least be replaced with lead flashing? To compound matters I don't feel that the extension could have been built with any consent as the roof of it encroaches into my property line. But it was here when I moved in and it wasn't picked up by my surveyor.
bigbird - 22-Sep-18 @ 7:05 AM
Hi. I am second from last in a terrace, the neighbours on end, adjoining me have caused me trouble since I moved here over 10 years ago, I have a two story extension built on the rear of my property and it appears to be built a foot or so inside the boundary wall with my neighbours, and this is then joined to the wall by means of slates off my extension wall and the top of boundary wall. My neighbour is currently looking at court case for multiple counts of criminal damage to my property and a threat t o kill, which is due to be heard in November, however I have just looked at the wall again where the slates are,.and see that three or more slates have been removed along with the protective lining, and there is now a large gap allowing rain to get in, I am assuming that the water has nowhere to go and will build up between my extension wall and the boundary wall. What can I do to gain access to repair this? I am very anxious about this, with court case pending etc.
Number4 - 15-Sep-18 @ 2:11 PM
My house is behind another and I have a right to access down the side of their house. At the moment it has very wonky stairs and a small retaining wall that is about to fall down. They have large conifers that are causing this problem. I have requested that this be fixed or alternately allow me to put a driveway up to my house. They have refused permission for a drive which is what I prefer and said he has no money to repair the dangerous steps and wall. What can I do?
Pollypop - 14-Sep-18 @ 4:49 PM
Miss S - Your Question:
We have a flat roof extension (built in 1986) at the back of our house. The side of our house is on the boundary of our neighbour (the bottom of his garden). I live on a corner. We have been granted permission to build a first storey extension over the top of the flat roof extension. This has now been built and the scaffolding has been erected and been in situ for over a month. The scaffold poles are standing in my neighbours garden (at the very end of of his garden). The scaffolders now need to gain access to his garden to bring the scaffold down to enable rendering of the side of the new build. The neighbour is refusing access. What can I do about this?

Our Response:
You may have to seek legal advice on this...was this not something that was discussed/considered before the first storey extension commenced?
ProblemNeighbours - 10-Sep-18 @ 11:25 AM
Hi the house next door to me is rented an it changes people often and aren't always nice ones... But their electric box is in there house but on my side of the garden so they have to get in to out electric on... Is their anything I can do as I've just paid out to have garden etc done an don't want these people having access all the time. Especially as I don't know them
Ebony - 9-Sep-18 @ 12:54 PM
We have a flat roof extension (built in 1986) at the back of our house.The side of our house is on the boundary of our neighbour (the bottom of his garden).I live on a corner.We have been granted permission to build a first storey extension over the top of the flat roof extension.This has now been built and the scaffolding has been erected and been in situ for over a month.The scaffold poles are standing in my neighbours garden (at the very end of of his garden).The scaffolders now need to gain access to his garden to bring the scaffold down to enable rendering of the side of the new build.The neighbour is refusing access.What can I do about this?
Miss S - 3-Sep-18 @ 11:25 AM
Hi, I own a flat which is flying freehold (it is a freehold3 floor flat above a vacant commercial property which is owned by a third party). The mains water supply pipe to my property has a burst in it and is concealed within a wall within the commercial property, which is causing my flat to have lost water pressure and there is no hot water and little cold water being delivered to my flat. The pipe is a shared pipe but it only appears to serve me as the burst appears to be after it is delivered to the vacant shop. The shop owner will not fix the pipe and will not allow workmen on my behalf to access his shop to fix the pipe (he says he is concerned about remediation of the wall). This has been going on some months and I am in Australia (the house is in the UK) so its very difficult to coordinate. There is a game of cat and mouse with the water company isolating the shared water and then someone else turning it back on. The water is leaking into and outside the shop I also believe the pipe in his shop is in breach of the water supply act 1999 as it is inaccessible within the wall (even if he did grant me access which he doesn’t) the water company have advised it is my responsibility to fix this pipe. The leak is also flooding into the shop next door. Does anyone know a good solicitor who deals with water supply regulations or can assist to get an order for a builder to access and repair this or does anyone have any other advice which may be useful? I have already involved the local council but they are not empowered under any of their said legislation. Any help is very much appreciated. Many Thanks
Liam - 2-Sep-18 @ 8:26 AM
Hi, I own a flat which is flying freehold (it is a freehold3 floor flat above a vacant commercial property which is owned by a third party). The mains water supply pipe to my property has a burst in it and is concealed within a wall within the commercial property, which is causing my flat to have lost water pressure and there is no hot water and little cold water being delivered to my flat. The pipe is a shared pipe but it only appears to serve me as the burst appears to be after it is delivered to the vacant shop. The shop owner will not fix the pipe and will not allow workmen on my behalf to access his shop to fix the pipe (he says he is concerned about remediation of the wall). This has been going on some months and I am in Australia (the house is in the UK) so its very difficult to coordinate. There is a game of cat and mouse with the water company isolating the shared water and then someone else turning it back on. The water is leaking into and outside the shop I also believe the pipe in his shop is in breach of the water supply act 1999 as it is inaccessible within the wall (even if he did grant me access which he doesn’t) the water company have advised it is my responsibility to fix this pipe. The leak is also flooding into the shop next door. Does anyone know a good solicitor who deals with water supply regulations or can assist to get an order for a builder to access and repair this or does anyone have any other advice which may be useful? I have already involved the local council but they are not empowered under any of their said legislation. Any help is very much appreciated. Many Thanks
Liam - 2-Sep-18 @ 8:21 AM
Hi, I own a flat which is flying freehold (it is a freehold3 floor flat above a vacant commercial property which is owned by a third party). The mains water supply pipe to my property has a burst in it and is concealed within a wall within the commercial property, which is causing my flat to have lost water pressure and there is no hot water and little cold water being delivered to my flat. The pipe is a shared pipe but it only appears to serve me as the burst appears to be after it is delivered to the vacant shop. The shop owner will not fix the pipe and will not allow workmen on my behalf to access his shop to fix the pipe (he says he is concerned about remediation of the wall). This has been going on some months and I am in Australia (the house is in the UK) so its very difficult to coordinate. There is a game of cat and mouse with the water company isolating the shared water and then someone else turning it back on. The water is leaking into and outside the shop I also believe the pipe in his shop is in breach of the water supply act 1999 as it is inaccessible within the wall (even if he did grant me access which he doesn’t) the water company have advised it is my responsibility to fix this pipe. The leak is also flooding into the shop next door. Does anyone know a good solicitor who deals with water supply regulations or can assist to get an order for a builder to access and repair this or does anyone have any other advice which may be useful? I have already involved the local council but they are not empowered under any of their said legislation. Any help is very much appreciated. Many Thanks Liam
Liam - 2-Sep-18 @ 8:20 AM
I have a VERY difficult downstairs neighbour. He is refusing to let my window cleaner put his ladder on his path. I can't clean them from the inside as some of them are fixed. I've had this window cleaner for over 2 years and although the neighbour has moaned in the past, the windows have been cleaned. However today he has been extremely rude to the cleaner and has downright refused to let them clean my windows!!! Where do I stand?
Jinty - 28-Aug-18 @ 10:38 AM
Hello, my son and daughter in law have planning permission to build an extension on their drive leaving an access to the boundary line of 500ml. Their neighbor has refused permission to erect scaffolding on her property. We have been advised that if permission had been granted right up to the boundary a party wall agreement would be raised and the neighbor could not refuse access. Is this correct as the Neighborhood land Act 1992 contradicts this information we have been given
Snowy - 14-Aug-18 @ 10:25 PM
FunDRazor - Your Question:
My unfriendly next door neighbour is building a loft extension - we are mid-terrace. After a Party Wall Award was signed, scaffolding went up without warning a few days later. The following week I heard workmen on my roof. I didn't know what they were doing and had no notice they were going to be there. Then at 7pm that evening my neighbour sent an email about requesting access. Of course this was null and void as it had already happened - so I could not consent or refuse. Also, it appears that the 'essential work' was just to secure a huge TV satellite dish to the scaffolding - hanging over my party wall - which is now affecting my own TV reception.Do I have any rights at all? Why can my neighbour do whatever he pleases when a PW Award was signed, supposedly with legal obligations in it?Any advice welcome, thanks.

Our Response:
Where there some conditions in the party wall award? You haven't given any details sorry.
ProblemNeighbours - 14-Aug-18 @ 10:02 AM
My unfriendly next door neighbour is building a loft extension - we are mid-terrace. After a Party Wall Award was signed, scaffolding went up without warning a few days later. The following week I heard workmen on my roof. I didn't know what they were doing and had no notice they were going to be there. Then at 7pm that evening my neighbour sent an email about requesting access. Of course this was null and void as it had already happened - so I could not consent or refuse. Also, it appears that the 'essential work' was just to secure a huge TV satellite dish to the scaffolding - hanging over my party wall - which is now affecting my own TV reception. Do I have any rights at all? Why can my neighbour do whatever he pleases when a PW Award was signed, supposedly with legal obligations in it? Any advice welcome, thanks.
FunDRazor - 10-Aug-18 @ 4:09 PM
Ade - Your Question:
I want to replace soffit and gutters because of rot. The house is mid terrace and I need to gain access to neighbours for scaffolding. The property on one side is rented. Is it the Tenant or landlords permission I need to gain access.

Our Response:
Talk to the tenant first of all, as they will be ones potentially incovenienced. If there are problems, escalate it to the landlord.
ProblemNeighbours - 1-Aug-18 @ 12:24 PM
I want to replace soffit and gutters because of rot. The house is mid terrace and I need to gain access to neighbours for scaffolding. The property on one side is rented. Is it the Tenant or landlords permission I need to gain access.
Ade - 31-Jul-18 @ 8:50 AM
Pooch - Your Question:
I am a middle cottage of 3.(Call me B) I have an access path behind the boundary line of the left hand side cottage.That cottage is A) This is not my land but in my title deeds to maintain it. It is not on her (Cottage A) title deeds either. The path is part of the local farmers field.However this part of the field has been transferred to Wessex Water for a pump station (sewage).She in cottage A wants to put a gate in her back boundary fence so she can walk along the access path.

Our Response:
Your neighbour should to the land owner (Wessex Water), if they grant her access, you should make them aware about the maintenance responsibilities and perhaps get them to apply to amend her deeds (and yours) accordingly.
ProblemNeighbours - 30-Jul-18 @ 3:09 PM
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