How can we help?

Please fill in this form and we'll get back to you as soon as possible.

Please enter your name
Please enter your email address
Please enter your telephone number
Please enter a question
Please let us know how you heard about us
Please enter the verification code

We’ll only use this information to handle your enquiry and we won’t share it with any third parties. For more details see our Privacy Policy

When Can I Access My Neighbour's Land?

Disputes between neighbours can cause a lot of unpleasantness. If you need to deal with your neighbours over matters related to land or property it is always advisable to try to get things done in a friendly way, whilst at the same time making sure you know your legal rights and responsibilities.

However, if your neighbours flatly refuse to grant you permission to gain access to their land in order to carry out vital maintenance work to your own property, there are steps you can take to enforce your right of 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.

The court may still refuse access if it considers this would cause hardship to the occupier or significantly interfere with their enjoyment of the land in question.

The access order will specify what work is to be carried out, when and where and may also provide for any loss or damage to the owner or occupier of the land.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.