Gaining Access to Neighbour's Land

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Gaining Access to Neighbour's Land

When you need to enter your neighbour's property

Most home maintenance and repair work can be done from your own side of the boundary. But sometimes the only practical way to fix something is by accessing your neighbour's land.

Common situations include replacing a fence or gutter that sits right on the boundary line, repointing brickwork on a wall that faces their property, or dealing with shared drainage problems. You may need to set up scaffolding, position a ladder, or simply stand on their land to reach the area that needs work. Note that if you want to cut back branches from a neighbour's tree, you can trim them to the boundary line from your own property without needing access, though you should offer to return the cuttings.

If you get on well with your neighbours, this is usually straightforward. A quick conversation and an agreed time is often all it takes. Problems tend to arise when the relationship is already strained, or when neighbours refuse without giving a reason.

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Start by asking your neighbour directly

The first step is always to ask. A polite request, made in person or in writing, will often resolve the matter. Explain what work needs doing, why you need access from their side, and roughly how long it will take.

Be prepared for reasonable questions. Your neighbour may want to know exactly when you plan to do the work, who will be coming onto their land, and what equipment you will be using. They might agree in principle but ask you to wait until a more convenient time. Being flexible will usually help things go smoothly.

Put the agreement in writing, even if it is just a simple email or text message confirming the details. This avoids misunderstandings later and gives both sides a record of what was agreed.

If your neighbour is a tenant, they can legally grant access themselves unless their tenancy agreement requires the landlord's consent. It may still be sensible to check whether any such conditions exist.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

What if your neighbour refuses access

Some neighbours will say no regardless of how you ask. Before considering legal options, try to understand their concerns. Are they worried about damage, timing, or disruption? Offering to work around their schedule, or agreeing to specific conditions in writing, can sometimes break a deadlock.

Mediation is another option worth considering. The Civil Mediation Council can help you find a mediator, and some areas have government funded community mediation services that offer low cost or free support. A neutral third party can often help neighbours reach an agreement without the expense and stress of going to court.

If informal approaches fail and a genuine need exists, the Access to Neighbouring Land Act 1992 allows you to apply to the county court for an access order in England and Wales. Scotland and Northern Ireland have different legal frameworks. The court will consider whether the work is genuinely necessary, whether access is the only practical option, and whether your neighbour would suffer hardship as a result. You may be required to compensate your neighbour for any inconvenience or damage caused.

Applying to court takes time and costs money. Before going down this route, consider seeking advice from a solicitor or Citizens Advice to understand the potential costs and whether your case is strong enough.

Protecting yourself and your neighbour

Once access is agreed, take steps to avoid causing problems while you are on your neighbour's land.

Let them know in advance exactly when you will be there. Stick to the agreed times and areas. Take care not to damage plants, fences, or other property. If you are using contractors, make sure they understand the boundaries of what has been agreed and confirm they have their own public liability insurance.

If you are doing the work yourself, check whether your home insurance covers accidental damage to a third party's property and third party liability. Confirm this with your insurer beforehand.

Keep a record of the condition of your neighbour's property before and after the work. Photos taken on your phone with a date stamp can help resolve any disputes about damage later on.

Returning the land to its original condition, thanking your neighbour for their cooperation, and keeping disruption to a minimum will all help preserve a working relationship. Letting them know they can contact you if any issues arise after the work is finished can also make future requests easier.

The Next Step

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Ask Problem Neighbours a Question
Gizzycat 14/10/2022 at 4:58 pm
We have a semi-detached home that we let out. It was unoccupied when the adjoining property (divided into 3 flats) caught fire. There was no damage caused our property. the property required scaffolding and the interior was extensively damaged. We were told the fire stated by renovations, one flat was owned outright, another was mortgaged and the keys were handed back. the third unknown. We initially thought it would be renovated. We then found out the company that owned the freehold had gone out of business. The we were told that the freehold had passed to the Crown. The council sympathised but stated they could not help we were unable to gain access to remove rubble against a party wall. twelve years on our house is affected by damp. The council are to make a decision on purchasing the property and then may find a developer or auction it. Our property is getting damp, and ivy from next door is encroaching into our property. We have lost thousands in rent. We have needed to sell for years now but are unable to do so
{lease advise
Andy 22/05/2021 at 9:42 am
Hi we have lived next to a field for 20 years enjoying direct access via our side gate for taking our 3 dogs for a daily run. Now the land owner has rented the field out to a tenant who has put up a stock fence with barbed wire on top blocking our gate.

As we have had no objections for 20 years for access , do we have any rights for access into the field.

Thank you.
Me 30/04/2021 at 2:37 pm
We do not get on with the neighbours however in order to repair a down pipe and to clean the guttering we need access. Also the conservatory roof can only be cleaned and it’s guttering. Can we be refused access?
Misty 22/04/2021 at 4:47 pm
Hi
There was a strip of land behind our property at the back which we assumed was owned by the developer. After 8 years it would appear its been sold to our neighbours. They are now removing old shrubbery with diggers etc. Two question should we have been offered the land first as it backs onto our garden, and 2nd should the neighbour have told us they would have diggers directly behind the back fence in the garden
Mand 09/04/2021 at 10:57 am
Hi, builders have just built sheltered accommodation next to our end terrace.

We had very old cobbled stones at the side of the property which we used to park on.

The builders removed them to put drain and grids in.

We asked them to put the cobbles back in, they now saying they are going to tarmac it instead! Are they allowed to do this and where are our cobbles, surely that is theft. Not happy Any advice would be great. Thank you
Grandy 22/03/2021 at 2:46 pm
My neighbour has taken out my boundary posts and put his fence on my property. His next door neighbour tried the same but I stopped him doing that.he has put his own fence up so I know the middle neighbour has his fence on my property,this was done by the middle neighbour whilst I was in hospital a few years back anything I can do.
DUTCHY 17/02/2021 at 2:27 pm
My neighbour started work on his roof in the weeks leading up to Christmas 2020. They live in an end terrace but share ridge tiles with us on the double floor extension. Its now mid Feb and the top half and ridge tiles are still not been put back. Various roofers have been up without use of scafolding which gives you an idea of the types hired, and many storms have passed without major incedents. They don't seem to be in a hurry to get it competed. What are my rights what can I do. Talking to the neighbour has had no effect, he tells me he pays them and they don't return. Help.
Twix 01/02/2021 at 3:32 pm
Just received a cheeky letter from a company stating there due to start work on my neighbours property and they may need to cut bushes or fences down and that they have the right to access my property if they need it , can you help
Judy 09/12/2020 at 9:24 pm
Neighbour owns a paddock next to a right of way which we own. They have a right to go over our land to get to their land where the gate to the paddock is on. They now say they have a right to knock through their boundary wall that borders our land but is a right of way for him and other neighbours to drive over to get to their properties. We have told him he cannot do this as the right of way is over our property and they cannot make this gate and then drive on and off our land from that new entrance. Any advice please guys. All appreciated.
discussed 03/11/2020 at 1:36 pm
After six months of a solicitor who has repeatedly told our neighbour its unlawful what he’s is going do dig up our fence and rearrange it and our solicitor explained it was unlawful for him to do it with out amicable agreement between him and us or a chartered surveyor as it’s a party fence
Then a new solicitor in gorton walsh solicitor and with one letter it was a threatening letter that my neighbour has the right to tear down our fence and rearrange the boundary line with his fence and if we didn’t remove our fence panels and posts he would and charge us. How can one letter justify his action without a legal document sayIng he could do this the letter didn’t have a forwarding address at the top or a phone number or a solicitor name who wrote and gave us less then the month we should have had it was hand posted discusted the stress he caused is unbelievable me in hospital (stroke and my husband depression and his cancers gone up)
Top cat 07/10/2020 at 7:41 pm
Hi my grandparents have a grade 2 listed property and wish to inspect their external wall and metal guttering. To do this they need to have access to their neighbours garden. Inspecting the wall it vital for insurance purposes. They have wrote to the neighbour three times now and no response. They are intimidated by them so won’t approach in person. What are their next steps ? TIA
Nanny 19/08/2020 at 9:22 am
Hi, I live on a mobile home Park and I am away abroad until Oct. my neighbour has contacted me to ask if they can replace a fence which has been damaged, (a very small hole caused by a bird) I have said yes as they need to come into my garden, but there is my garden box in front of the fence and have asked that they be careful not to damage the box. My neighbour has now contacted me threatening legal action. I don’t know why as I have said they can replace the fence. Any advice would be appreciated.
Dawny 10/08/2020 at 3:07 pm
I have access at the back of my house . Middle of three terrace. I also have a nuisance neighbor who has put gates across my access. He is a hosting association tenant. I bought my home. Can he do this ? I have had so many problems over 5 years and HA do nothing. Can anyone help? Thank you
Trudi 05/08/2020 at 10:17 am
NEXT DOOR has built a lean-to shed on the side of his house, using his house wall as one side and the boundary fence as the other wall.
I am not contesting who owns the fence knowing it is not party fence.
However neighbour has also put flat felt plastic roofing on top of his lean-to shed which overhangs the fence onto my side.
The overhang is not much, however the drainage from this and his overflow now runs down this roof and because of the overhang into the pathway my side of the boundary fence.
This walkway which belongs to me the roof does not have particularly have good drainage and does mean there is an accumulation of water under the concreted slabs and algae type mould appearing on his concrete lintel which could damage to my property. Damp!! .
Pop 28/07/2020 at 5:03 pm
The extension at the back of our neighbours’ house (added along before either of us owned our properties) run about 6 inches from the boundary between our properties. We would like to put up a 6 foot fence to run from our front garden all the way between our houses and the back garden. The neighbours have said we won’t be able to put up a fence next to the section that would cover the external wall of their extension as they need access for painting etc. Is this true?
Mimi 27/07/2020 at 9:14 am
I have a garage that runs at the back of my garden that makes up the garden wall of a house in the next street. My wall should run the back of the garage but I did not put one in place. The neighbour has put a lean to against the garage and drilled into the garage to add a trellis and now removed my fence come over my boundary and drilled a post into my garage wall. Can I place a fence the other side of the garage if it is my boundry wall?
Mark 24/07/2020 at 5:09 pm
Can you help me please. Facing my house, the left side wall of my house is the building face on the boundary with my neighbour to the left where he has a pedestrian access way going to the back of his property. Last week I asked my neighbour if our plumber could have access to the side of the property to look at our cold water. My neighbour agreed to this and I said it would probably be Tuesday or Wednesday this week. Unfortunately, the plumber was ill and phoned me at 0845 hours Thursday morning and asked if h could come over to view the job. I said yes as my neighbour had already confirmed he could have access. They had already left for work. The plumber arrived and we asked if we were able to have a cold water tap on the front of our property. He viewed the job and said he could do it there and then. He drilled a hole through our building face wall on the boundary and ran approximately 1 metre of 15mm cold water pipe virtically up our wall and the ran the pipe well above head height horrizontally on our wall to the front of the property, turned it on to our front house wall and dropped it back down again terminating at an outside tap. He has installed an anti flow back device and a stop cock internally in the kitchen. All of this pipework work has been clipped into place correctly on our wall. Last night my neighbours partner came home, knocked on our door and started ranting that we had not asked their permission to run a cold water pipe and if they caught it and damaged it, then it was down to us. She said she was not happy and would be speaking to her partner about the matter. I have telephoned our plumber and he has said we have done nothing wrong and that we do not need permission to fit it to our own wall. He says there are no permits or permissions required for this type of work and told us not to worry. Can you please confirm that we have nothing to worry about and that they cannot force us to remove the cold water pipe.
stokie 23/07/2020 at 1:41 pm
Our drive is adjacent to our neighbours with a no mans land strip down the middle, i.e two separate drives. She continually uses our drive to take bins down to pavement, her family and friends use OUR drive to walk to her front door as her car means they have to scrape down the side of it to get to her front door. We've had her grandkids running all over our drive, dumping toys, rubbish and delivery drivers again use our drive to get to her front door. They park on her drive and invade the space above OUR drive to step out and walk up drive to her front door. We've asked her to stop this but she ignores us. PLEASE HELP - what can we do as we can't afford a solicitor.

Thank you
Fzellion 03/04/2020 at 10:38 pm
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 and I 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
Karen 22/02/2020 at 1:31 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
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