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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Hi, I’m after some advice.
We were granted planning permission a few years ago for an extension both sides of our house.
We completed one side without any issues 2 years ago.
The next part of the extension was a small and on the other side of the house for a en-suite bathroom. As mentioned, the planning permission was granted with no issues- the neighbours did not object.
Since then, we have come to build the extension which actually is building on top of an existing part of our house.
However, because our house is up to the boundary line we need access granted from our neighbours for a few scaffolding poles.We will not need access to their land just scaffolding for a few weeks.
We asked for permission the end of last year as I have a chronic illness and the en-suite is now something I need. They refused and although it was frustrating it went no further.
Now four months later I am worse than I was, I now have a disability badge and I really need this en-suite for my chronic illness which is life long and incurable. An en-suite would truly improve the quality of my life.
But my neighbours are still refusing because it’s inconvenient for them having poles.
Is this something a court could overrule due to the disability?
I welcome any advice.
Ava - 3-Apr-24 @ 5:39 PM
The deeds to the exterior of our property clearly state we have access by vehicle or by foot. The access is in a yard / drive . We recently hired a skip which was placed on our land via the shared access route. The owner of the land called the skip hire company and told them to remove the skip the company came and the owner wouldn't allow access to the skip hire company unless they placed rubber mats on the ground, the skip hire company left. I spoke to the owner of the land to arrange a date for the skip hire company to return as they start charging once to exceed the agreed collection date. Again the owner of the land wouldn't allow access . He states Im only allowed 8ft wide of access and its written in the deeds ( it isnt ) but even if it was that would mean I couldnt reverse my vehicle out once I had turned it onto my property. I'm hoping to repair and restore this building but absolutly need access with scaffolding, other workmen, vans , etc. The owner has now placed plant pots at the entrance to the shared access 8ft apart so anything bigger would need to physically move these pots. Any advice on how to address this ? We only want to make the property and area livable and look nice for the benefit of everyone but the owner of the yard is absolutely determined to prevent this. Can I also add , a relative parked in the area on the shared access in order to fill the vehicle with items to take to our local recycling centre and the owner of the land blocked him in stating it was their land.
Jane - 29-Mar-24 @ 11:12 AM
We built an extension, which the neighbour objected to, and it sits within the requisite distance from the boundary along the dividing line between our semi detached properties.The neighbour immediately stacked a dismantled shed against the wall of our extension without permission and has ignored my requests to move it.He then arranged wood to divert water dripping from a gutter to our extension which I discovered once we started to suffer from damp, I took photographs which I sent to him after I removed it and he reinstated it, I removed it again.He has ignored all communication, knocking on door and text messages.
I am now suffering from damp on that extension wall again.Can I access my part of the property and some of his in order to move his material from my wall?How can I prevent him from placing it there again?
1970sDad - 9-Feb-24 @ 9:15 PM
Hi, my local council has a plot of land behind my house that hasn’t been maintained since I moved in almost 10 years ago, they have trees that carry ivy all over the border to this plot (our back fences) and it is actively destroying back fences, when we have asked the council to do something about it they have flat out refused. I have been around to the plot to remove some hedges that are carrying the ivy and remove as much ivy as I could without removing the tree but I was wondering if what I have done is breaking a law and if I was covered.
Alf - 19-Jan-24 @ 8:33 AM
I would appreciate any advise, we have got a shared drive (3 houses) and the owner of house one has got a tree that overhangs and therefore restricts access to vehicles over 2mtrs which is pretty much every delivery vehicle such as food and parcel deliveries. Everytime some comes up our drive she comes out, takes photos and shouts abuse to them. We have tried on several occasions to discuss the matter. The deeds say they have to provide “unrestricted access at all times”
MC Orless - 28-Nov-23 @ 1:51 PM
We have a 3 year, on-going boundary dispute with our neighbours and both sides have involved lawyers.
In June 2022 our neighbours wrote to tell us that they were erecting scaffolding in the disputed area to repair their garage roof.Our lawyer advised that we consent because we couldn't reasonably object, so we did.
The scaffolding has been in place for 18 months, and we are into our second winter.A year after it went up repairs were carried out as a DIY job, requiring simple caulking around the metal roof panel fasteners. The work involved working on top of the flat garage roof, and could have been accessed with ladders.
Our lawyers have written to them to tell them several times to tell them to remove the scaffolding but they just ignore the letters.
We called our own scaffolder to take it down, but when they arrived our neighbour climbed onto the scaffolding to prevent it from being removed.He produced a receipt to show that he purchased the scaffolding from the erector at the time that it went up.
Can a neighbour legally have scaffolding that he owns erected permanently to mark a boundary, having said that it was for repairs?
We fear that the scaffolding has become unsafe since it was first put up 18 months ago.Does he have a legal duty to have the scaffolding inspected from time to time?
Should I involve the police, and do they have a reason to take an interest?
We are a married couple in our seventies and find this all very upsetting.Is there any other course of action that we can take?
Jim - 22-Nov-23 @ 8:11 PM
UNADOPTED ROAD & DEAD END
We own a parcel of land on a unadopted road, the land is accessible from the unadopted road and all the other sides have gardens!we have two or three fence panels that are boarding the unadopted road, at the moment we can park one or two cars on there but would have to shuffle them around to be able to get in & out, so we want to take the fence down so we can drive straight in & out onto the road. The problem is there’s a vehicle parked next to the fence, firstly the vehicle shouldn’t be parked there as vehicles need to get up and down the street, it’s also untaxed and no mot etc (private road) and we need to have access to our land to park our vehicles without having to shuffle the vehicles to get in and out so basically he’s blocking our ability to park on our land/drive, we also need to fell some trees and do work on the land, the vehicles not in working order either, my partners spoken to him but he doesn’t seem concerned.
Smithy - 15-Oct-23 @ 8:02 PM
My neighbour didn't follow the party wall act and took down there fence on our property while we were out and left our driveway a mess, that's only part of it.They never informed us of any works etc.Even blocking our drive ,which we need access at all times.Now they want to have new electric meters installed and will be cutting off our electricity,can we refuse
Jules - 9-Oct-23 @ 3:51 PM
So i moved in to my property about a year ago and everything seemed to be okay with the neighbour. i live on end tersest and his has to walk past my kitchen to go through the side gate. witch he slams shut every time and you can here it. so his attitude started a few weeks ago for some reason he has got it in his head that I've been blaming him for putting nails on my drive as he walks past. he had ago at my partner when she went round to ask politely for the kids ball back and he had a ago at her. the next day i went round to speak to him because i was not happy how he spoke to her. i spoke to him calmly and respectful and though i had cleared this situation up. now couple days ago he has access to my garden to take bins round his also abuses this right of access every now and then. he herd me in the garden trying to sooth my daughter after falling over witched grazed her knees. he literally moved his bins quickly started accusing me for putting nails on his drive now i work a lot and i rather keep my self to my self. that evening i had work while i was out he was taking his bins round the front of the house using the shared access i have 4 kids and the back door is hardly closed due to kids running in and out. the neighbour looks though the house andbecause my youngest who is 1 was out the back my partner was looking out for her and and this point he spots my partner and starts having ago at her now i can tolerate people having ago at me as i have it day in day out with my job. but thet fact he was having ago at her in front of my kids. i have no idea what to do in this situation. on solution i can think of is move his gate access to he has to walk around my garden but at the bottom of my garden he has a shed were i would put his gate then fence his walk way off. i went to his front door to talk to him man to man not going in to his garden having ago at him he was in and he did not come out to speak. what is my best action what can i do.
rob - 19-Sep-23 @ 2:51 AM
Hi, i have a very tricky situation ,of late a woman down the grove walks past my corner house and is letting her think hes 4 year old son come onto my drive and go to my back gate and then ba k again every time they walk past my house, my concern is that i have a dog and hes not used to children or strangers and at times comes with me when i put rubbish in the bin this is on my driveway next to my back gate,at times i also have my Daughters german shepherd and she is 100% not good with children and strangers,this is my only concern,so messaged her to tell my concerns and she replied that her son is autistic and is fascinated with our back gate,its just an old back gate nothing spectacular about it ,bit she has ignored my concerns and this is now worrying myself as if my dog would react it would be him that gets put down if the worst was to happen,i have messaged the woman yet again with my concerns and still she lets her son onto my garden down the path past my front door to touch our back gate,im at a loss now and its worring me for the sake of my dog
Sally - 3-Sep-23 @ 8:29 AM
We have a detached house with, on the right, there are a drive, and a side yard which leads to the back garden. However, on the left, a low brick wall/fence runs from the front boundary towards a similar wall/fence from the back boundary, but the front fence turns right to meet the front house wall (approximately 2m), and the back fence turns left to meet the back house wall. Therefore, we cannot access the left side of the house. Recently, our neighbour on the left built a big lean to up to approx. 40cm from our wall covering this side yard, and the area is used for table & chairs, and for playing balls with the dog too. We mentioned once about our accessibility to paint the wall, which we're allowed to have scaffolding in his side yard, but he just shrugged his shoulders. It's extremely difficult to raise this issue. We bought this house knowing that this side of his house is a side yard but now it implicates an issue if we want to sell the house. What we can do peacefully please advise.
Sai hun - 21-May-23 @ 8:33 AM
i feed red kites in my garden and have done for around 7 years, my neighbour has decided that he doesn't want me to do it anymore and has started harassing me, i have looked up whether I'm breaking the law feed ing the kites in my garden and it says im not, but hes breaking the law by trespassing my land and harassing me
Lola - 16-May-23 @ 2:04 PM
I have severe damp on my kitchen wall caused by the outside wall which needs the paint stripping away, repointing and damp proofing. The outside of the wall is in my neighbours garden. The house is rented out on Air BnB and other property sites and managed by a company. They are being obstructive about me accessing the side of the wall in their garden. What can I do?
Unna - 21-Mar-23 @ 6:39 AM
I am needing a new heating system. Scottish Power are required to fit an earth wire first. We are semi detached and main feed for electricity comes in next door. Scottish Power need access to check next door fusebox. Neighbours will not allow them access. We can't get heating installed until this is done. What can I do?
DEEJAY53 - 8-Mar-23 @ 12:01 PM
I live at No 10 property. There is an Alleyway between no 8 & 10. No 4,6,8,10 properties have legal right to this Alleyway. Now No has decided to install a gate at the Alleyway. Ans he is also asking No 12, 14, 16, 18 to contribute towards the installation of this gate when they have no legal right to this Alleyway. He has failed to discuss all this with me. I only found out about all this 4 days ago when I got singed to the the street's group whatsapp?
I feel No 12, 14, 16, 18 have no right to contribute as that would lead them getting access to the Alley way on. And I do not want them included. This matter only pertains to No 4,6,8,10 properties and they outsiders.
Please help.
tosh - 18-Feb-23 @ 2:04 PM
Hi I don't know what to do my dad lives in a house that has been converted into flats he has to walk round to the yard to put his rubbish out and one of the neighbours can gain access from his back door has now blocked my dad from entrance now completely as he said it's his back yard when it's not it's the landlord and my dad's landlord give him a key so he can put his rubbish out I was just asking can he do that as my dad now has to travel 30 mins to go to mine to put it in my spare bin we don't know what to do please can someone help?
Jean - 15-Feb-23 @ 12:53 AM
We have a building site at the bottom of our field. Between us there is a ditch and there used to be a hedge on their side.My understanding is that they are the owners of the ditch.
As part of the building process they have removed all of the hedge. There operations have meant that the ditch is now full of mud which has flowed from their land and needs cleaning out. They now have access to clean out the ditch from their side and I will ask them to do so. The site planindicates that they will replace the hedge with a new hedge.
The issue is that I want to plant trees ideally close to the ditch which will prevent future cleaning of the ditch from my side.
Would this be an issue?and how should I inform them? or could i ask them to pipe the ditch?
Steve - 18-Jan-23 @ 12:16 PM
I have been living in the same house for 22 years and parking has always been a problem I used to park on the road beside a wall. 2 years ago new people brought the house with the ajoining wall by the road and last year the took down half the wall and complaining if we oark where the wall was they are claiming we are blocking access to there property. They have 2 work vans and a large caravan in the space where the wall was on there property. Can they stop us parking where the wall was. They have also put notices up say private land do no block.
Russ - 18-Sep-22 @ 7:13 PM
I planted large Arborvitae Green trees along my property line about 5 years ago. These trees are well established. The property adjacent to this line was sold a year ago. # months ago my new neighbors asked if they could cut back a few branches of these trees overhanging their property as they wanted to plant a small vegetable garden. I granted permission to cut back a few overhanging branches. They cut the branches back to the trunks of the trees any where between 5-12 inches well into my property. The trees were planted for privacy and all privacy has been lost. I can now see not only into their yard, but also to the yards across the street. What recourse do I have?
jerseymom - 15-Sep-22 @ 1:36 AM
I have just had new gutters, soffits and fascias fitted but my neighbors gutters are blocked and need cleaning out.The downspout is on their side so when it rains the water is just pouring out over the top of my gutters into the garden causing mud and water to slash up the front of the house.Not only is it an eyesore but in time will cause penetrating damp.For 7 weeks I’ve been asking them to have their gutters cleaned, they either ignore me or lie about who is going to do them and it’s still not sorted. I had a drains person out to see about having a downspout fitted to my house and a drainage solution installed as there is nowhere for the water to drain off to.I have been quoted £1600!!!Another company said they could put the ladders up in my garden and use a rod to scrape the debris from their gutters over to my side and get rid of it that way.Am I allowed to do this or would my neighbour have grounds to get me prosecuted?
ClaraC77 - 11-Sep-22 @ 11:12 AM
I am currently having some essential and non-essential work completed in my rear garden. In order for the workmen to complete the work, they have needed a small digger. To get this into the garden, they have gained access via a neighbouring property 2 doors along and then across the garden of the neighbourhood in between.
The house immediately next to me is rented. I spoke with the tenant and the landlords son- who advised me he was in the process of taking over management of the property. He came and saw what the plan was and was happy for this to go ahead, as was tenant.
3 weeks into the work, the landlord has now stated they are not willing to grant access, we never informed them and that we a now liable for a list of damage I categorically deny: the garden was in an incredibly poor state, and I have paid for brand new fencing with no request of any contribution from the landlord.
No damage has occurred and boarding has been put down where the digger drove through. As already mentioned, the garden is in a state of disrepair, and is now mainly overgrown with dying plant, littered with broken fence panels and a dilapidated shed.
I’m very concerned that I have put myself in a position where the landlord can serve legal action against me? Please advise.
Sarah - 5-Sep-22 @ 10:39 PM
My neighbour charges maintenance fees for right of access (allowing vehicle access to the rear of the property/driveway) - mainly weeding/cosmetics. Is this legal/moral?
Thanks,
Joe
Joe Pickering - 19-Aug-22 @ 8:58 AM
I am also having trouble with a neighbour who is misusing a right of way through my rear garden. I live in an end terrace property next to an entry that is intended for neighbours to take bins out for collection and tradespeople to carry out work to rear of properties. they also have people just randomly going round through my backdoor to gain access to there's without permission. How can I resolve this issue
Luna - 14-Jul-22 @ 8:49 PM
We bought a house 35 yrs ago in addition to our land the house owner bought a plot of land that can only be used for a garden to the adjoining land which is our garden.We have been given permission to use it has so.We made it in to a little nature reserve and planted trees ect has there are some houses owned by the council at the very top one of them have taken it upon them selves to put in a gate an started to chop trees ect.What should we do.
Bottle - 10-Jul-22 @ 10:37 AM
Hello I wonder if you can help me. I live in semi detached property. My neighbour raised their flat roof of their garage which runs along my drive approximately 15-18 yrs ago. They did it without my knowledge or permission and the raised roof protrudes onto my property by approximately 1-2 inches. As their garage wall is right on the boundary line- this means the guttering for the raised roof is entirely on my side of the boundary line. This has been problematic over the years and more recently resulted in flooding and damp to my property as their gutters were poorly fitted and ineffective, although have recently been changed.
Do I have any legal recourse?
shari - 30-May-22 @ 12:31 PM
I live in terraced townhouse in nottingham, local neighbour has recently extended property but built over my gas access etc so have had to have things rerouted. He has also added a large gate to the entry which I and other residents have to use to gain access to the rear of our properties. He has put a Yale type lock on this and now issued us keys for it after a bit of a dispute, I recently had the gardener round to cut the lawn and he could not get in the gate to gain access to the garden, seems our neighbour has now put a bolt on this gate on the inside which means we can not access this at all…. He often is blocking the entrance way with various heavy building material stacked up dangerously which I have tried to speak to him about …. Please help, this is becoming a nightmare as his wife refuses to answer the door and he is often out l so we can not even gain access now, any advice as he is being very problematic and doesn’t want to work with us to resolve the issues we try to raise.
Mel - 26-May-22 @ 11:11 AM
I have a question.
We have been living in the current address for over 12 years. With our previous neighbour, we had an agreement to access our garden for maintenance purposes only. There is a wall in my garden and a door to protect my garden. Access, to my garden, is through their less than 1ft land, which doesn't interrupt any of my neighbour's access or hinder their drive. About 4 years ago new people moved in and everything was going okay. Everything was fine until yesterday. When I was advised by the gardener that yesterday he turned up to do the grass cutting and tidy up the garden but he was sent by the neighbour saying that we have approached solicitors and you are now allowed to access the garden through here. Now the garden is a mess and turning into a jungle. We have never used that access for anything else but for a garden tidy up and grass cutting. Now they seem to make such a big deal. Knowing the scenario now does the Access to Neighbouring Land Act 1992 applies in this case and do I have the right to access my land through their less than 1ft land . Please advise. Your help much appreciated
Raza - 11-May-22 @ 4:10 PM
I have a gate that is attached to my neighbours house which was there before they moved in and we were given permission by the previous owners to install it back in 2000. The gate is attached to a side entrance on my detached house on my land. The neighbours have no access to it at all but want me to remove it which I’m not happy to do so. Also, there are hanging baskets attached to their side wall that were there before they purchased the house that they now wanted removed even though they can’t see them and the plants or baskets cause no nuisance. Do I have to comply?
Sue Bains - 30-Apr-22 @ 8:33 PM
Good evening. I am also having trouble with a neighbour who is misusing a right of way through my rear garden. I live in an end terrace property next to an entry that is intended for neighbours to take bins out for collection and tradespeople to carry out work to rear of properties. My adjoining neighbour has recently built a wooden shack which is regularly used for parties. I am therefore interrupted with guests arriving walking down the entry through my garden to get into next doors garden. To make things worse the guests then leave through the rear garden and I am woken up at 2 or 3 o’clock in the morning by drunken people laughing, shouting and staggering down the entry. My neighbour also does not regularly maintain his garden so a couple of times a year he will hire plant machinery which he then drives down the entry and through my garden so he can clear his garden. As I am on the end I also have the issue of my neighbour cutting across my drive to get to the entry which means walking in front of my car and bay window much to my annoyance. I have asked repeatedly for them to show some consideration not just to me but the other neighbours too but it seems they do not care. Please can you offer any advice on how best I can resolve this dispute? Thank you
Dunk - 25-Apr-22 @ 9:48 PM
Good evening. I am also having trouble with a neighbour who is misusing a right of way through my rear garden. I live in an end terrace property next to an entry that is intended for neighbours to take bins out for collection and tradespeople to carry out work to rear of properties. My adjoining neighbour has recently built a wooden shack which is regularly used for parties. I am therefore interrupted with guests arriving walking down the entry through my garden to get into next doors garden. To make things worse the guests then leave through the rear garden and I am woken up at 2 or 3 o’clock in the morning by drunken people laughing, shouting and staggering down the entry. My neighbour also does not regularly maintain his garden so a couple of times a year he will hire plant machinery which he then drives down the entry and through my garden so he can clear his garden. As I am on the end I also have the issue of my neighbour cutting across my drive to get to the entry which means walking in front of my car and bay window much to my annoyance. I have asked repeatedly for them to show some consideration not just to me but the other neighbours too but it seems they do not care. Please can you offer any advice on how best I can resolve this dispute? Thank you
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