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Gaining Access to Neighbour's Land

By: Jeff Durham - Updated: 14 Oct 2022 | 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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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 freeholdhad gone out of business.The we were told that the freehold had passed to the Crown.The council sympathised but stated they could not helpwe were unable to gain access to remove rubble against a party wall. twelve years on our house is affected by damp.Thecouncil 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
Gizzycat - 14-Oct-22 @ 4:58 PM
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.
Andy - 22-May-21 @ 9:42 AM
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?
Me - 30-Apr-21 @ 2:37 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
Misty - 22-Apr-21 @ 4:47 PM
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 wouldbe great. Thank you
Mand - 9-Apr-21 @ 10:57 AM
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 doingthat.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.
Grandy - 22-Mar-21 @ 2:46 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.
DUTCHY - 17-Feb-21 @ 2:27 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
Twix - 1-Feb-21 @ 3:32 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.
Judy - 9-Dec-20 @ 9:24 PM
After six months of a solicitor who has repeatedly told our neighbour its unlawful whathe’s is going do dig up our fenceand 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 sayInghe 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)
discussed - 3-Nov-20 @ 1:36 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
Top cat - 7-Oct-20 @ 7:41 PM
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 methreatening legal action. I don’t know why as I have said they can replace the fence. Any advice would be appreciated.
Nanny - 19-Aug-20 @ 9:22 AM
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
Dawny - 10-Aug-20 @ 3:07 PM
NEXT DOORhasbuilt 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!! .
Trudi - 5-Aug-20 @ 10:17 AM
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?
Pop - 28-Jul-20 @ 5:03 PM
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?
Mimi - 27-Jul-20 @ 9:14 AM
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.
Mark - 24-Jul-20 @ 5:19 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.
Mark - 24-Jul-20 @ 5:09 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
stokie - 23-Jul-20 @ 1:41 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 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
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