Often it is vital for one neighbour to go on to the land of another to carry out repairs to their own property. Accordingly, there is a legal right that allows this under the Access to Neighbouring Land Act 1992.
Generally, if you go onto to your neighbours land without their permission, you are trespassing. However, if you wish to repair your home, you may go onto your neighbours land without getting their permission.
Before going on your neighbours land, you should still ask their permission. You can do this by requesting access to your neighbour’s land in a letter. If they do not want to let you and try to stop entry, you can seek an order from the court forcing them to give you access.
The Access to Neighbouring Land Act 1992 enables access to adjoining or adjacent land for the purpose of carrying out “basic preservation works” to one’s own property. Basic preservation works includes:
- Maintenance, repair or renewal of a building;
- Clearance, repair or renewal of a drain, sewer, pipe or cable;
- Filling in or clearing a ditch;
removal or replacement of a tree, hedge or other plant that is *Dead, diseased, insecurely rooted or which is likely to be dangerous.
If you need to be granted right of access, proceedings must be commenced in the County Court. The court will grant an access order if it is satisfied that the preservation works are:
- Reasonably necessary for the preservation of the relevant land; and
- That they cannot be carried out, or would be very difficult to carry out, without entry onto the adjoining land.