The source of the article below is the Desktop Lawyer and the article copied below is here
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;
- Felling,
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.
Would this Act also cover a two scaffolding uprights being erected on our neighbours land so solar panels can be installed on our roof as our conservatory prevents us from erecting the poles on our side of the boundary, without this the installation cannot take place . The property is a Housing Association property and they instruct us their Tennant has the final say
Hello
I’ve been unable to find any case law that might be able to answer this question. However, another reading of section 1 of the Act confirms the meaning of allowable works for the purpose of access under the act are as shown in the article above i.e. maintenance, repair or renewal of a building etc.
I have to say I can’t see how installation of solar panels falls under any of those defined works. At the end of the list are the words “but this subsection is without prejudice to the generality of the works which may, apart from it, be regarded by the court as reasonably necessary for the preservation of any land” but I still don’t think they are quite enough for an “improvement” which in my view solar panels are.
I suspect when Green Deal comes in (proposed October) more of this might come up and I do wonder if the Act will be amended to include “energy improvements”?
For the full precise list of works that are allowable under the Act, see subsection (4) here: http://www.legislation.gov.uk/ukpga/1992/23/section/1
What would be handy is if some repairs were necessary on the roof and then those repairs were carried out as being the primary reason. Then it might be possible to invoke sub(5) which allows “improvements” to be carried out. However, they must be “incidental” to the works which I doubt is the case here.
Many thanks
Adrian
The Access to Neighbouring Land Act 1992
I need access to my neighbour’s land in order to carry out some essential repair and maintenance work to my garage. It is impossible to do this work from my land. I have written to my neighbours to request permission. If my neighbours do not respond, am I entitled to go ahead with this repair work? The Neighbouring Land Act 1992 states:”…..If you need to repair your home and to do so need access via your neighbour’s land, you may go onto your neighbour’s land without getting their permission.”
How quick is this process, from serving the order? Should I employ the services of a solicitor?
Courts in my area are vague in regard to whether they serve this particular field.
Clarity on “you may access neighbours property without their permission” needs elaboration. For instance, they have a side gate with a weak lock, can you force that and enter without having served notice?
What of sabotage (say to your scaffolding to get on their land) or placing locks on side access?
Thanks
If my mother lets out her house for a year, which has a right of way access across two back gardens, does she need to give neighbours or tenants notice to access her garden (through the right of way) to check back of house maintenance?
can I seek access for replacing an extractor? there was one there previously, however, following renovations to the house we replaced the old one (which didn’t work). now need access to the side of the property to finish installing the extractor. neighbour has refused access.