In most situations, you should not need to rely on the Access to Neighbouring Land Act 1992 if you have a good relationship with your neighbours. From time to time, however, repairs or maintenance on your property may require you, or contractors working on your behalf, to go onto neighbouring land to carry out essential work.

The simplest approach is usually to explain to your neighbour what work needs to be done, request permission to access their land, and agree a convenient time. In many cases this resolves the matter quickly. But disagreements do sometimes arise – whether because of a strained relationship or a refusal of access – and this can prevent important work from being carried out.

The Access to Neighbouring Land Act 1992 provides a legal framework in these circumstances. It allows you to apply to the court for an access order in certain situations. It is therefore important to understand both what the Act covers, and what it does not.

Your Rights

For the court to grant an access order, it must be satisfied that the reasons for access are valid under the Act and that you have already been refused permission. Valid reasons include:

  • Carrying out essential maintenance, repair or renovation needed to preserve an existing property
  • Clearing or repairing sewers, drains, cables or pipes
  • Removing or filling in a ditch
  • Removing or treating a dangerous tree, plant or hedge (for example, where it is diseased, dead, or unstable)

The law is clear that the work must be necessary for the preservation of an existing structure. The Act does not allow access simply to make building new works easier, such as constructing an extension or conservatory.

Even if you have secured planning permission for a new build, this does not give you an automatic right to enter your neighbour’s land if the work needs to be carried out from their side of the boundary line. In such cases, access can only be granted with your neighbour’s consent.

Exceptions To Granting Access

The court can refuse to make an access order if granting it would cause your neighbour severe hardship, or significantly interfere with their use and enjoyment of their land.

Where an access order is granted, the order will specify the exact works permitted, the date work is to begin, and the deadline for completion. If the date is inconvenient, your neighbour can request an alternative. You are also legally responsible for compensating your neighbour for any financial loss they suffer, and for repairing any damage caused by the work.