Right Of Access Disputes

Your Rights Under The Access To Neighbouring Land Act 1992

Access disputes can be a stressful time for neighbouring property owners and often require a rapid response. Our property litigation lawyers are on hand to assist you, giving expert legal guidance when you need it most.

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Osbornes approach to access disputes

Whether you need access to a neighbour’s property in order to carry out repairs to your own property, or you want to prevent someone coming onto your land, we can help. Our team can step in and negotiate on your behalf, working towards a neighbourly solution that resolves the issue fast. We work alongside you to find the most practical solution for your needs, to minimise the risk of a dispute escalating to litigation.

Rights under the Access to Neighbouring Land Act 1992

It’s fairly common for a homeowner who wants to repair their property to need access to a neighbouring property. Usually, the neighbour will give their permission and the work will proceed without a hitch. However, if a neighbour flatly refuses to grant permission, there are steps that can be taken to enforce a right of access.

One option is to see if any rights of access are included in your title deeds. These will be the first thing we check. Another option is to apply to the court for an order under the Access to Neighbouring Land Act 1992. If you need to carry out essential repairs to your property and you cannot easily undertake the work without going onto your neighbour’s land, then this Act can give you permission to access.  

At Osbornes Law, our lawyers have many years of experience in dealing with residential access disputes. We’ll help you get the access permissions you need, as efficiently and tactfully as possible, while avoiding a pattern of escalating disputes with your neighbour. 

For information about any aspect of our property access or neighbour disputes services, call the team.

Contact our Property Litigation Lawyers Today

For a free initial conversation call 0207 485 8811

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    • Shilpa has helped us through some key property litigation matters (residential and commercial) since 2014 and has delivered on every occasion. One particular issue had kept us in a state of stress and tension for almost a decade and after getting in touch with Shilpa she was able to help us bring the matter to a peaceful and successful conclusion.

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    • Excellent in every aspect.

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    Access to Neighbouring Land Act FAQs

    How do I get access onto my neighbour’s land?

    The general rule is that you need your neighbour’s permission to go onto their property, but there are exceptions. Very often, you will have rights of access in your title deeds. Where these rights exist, we can explain the legal effect of this to your neighbour and warn that if they continue to refuse you permission, we can apply to the Court to force them to give you access.   

    If there are no rights of access in your ownership documents, then the Access to Neighbouring Land Act 1992 may help. This Act gives you the right to apply to the court for an Access Order. If a judge grants the order, then the neighbour must grant you access onto their property for a specified purpose. 

    What kind of work is permitted by an Access Order?

    To get an Access Order, you must show the judge that access is needed to: 

    • Maintain or repair your property
    • Clean or repair drains, sewers, pipes or cables
    • Fell, cut back or replace a diseased or dangerous tree or plant
    • Fill in a ditch

    The court can impose strict conditions on the type of work you can do, when you can do them and timescales for completing the work. 

    You may also be ordered to pay your neighbour compensation.

    Can I refuse my neighbour’s request for access to my property?

    You do not have to allow your neighbour access onto your property unless he has a legal right of entry. Someone who comes onto your land without your permission is trespassing.  

    Of course, if a court grants your neighbour an Access Order, then you must comply with it. However, a judge will only grant the order if access onto your land is reasonably necessary, and the work your neighbour is intended to carry out does not cause you hardship or inconvenience in any material way. If you think that your neighbour’s proposals are excessive, then you can defend the application in court. 

    At Osbornes, we help homeowners who are on the receiving end of a request for permission to access. We can determine whether the request is reasonable, and help you come up with acceptable limits on the work. ‍

    Do I have to go to court?

    Only the court can grant an Access Order under the Access to Neighbouring Land Act 1992. However, if you need to access your neighbour’s property for a legitimate reason, it is always advisable to try to get your neighbour to play ball in a friendly way first. We will always attempt to resolve the dispute by negotiation or mediation which, more often than not, means you will not have to go to court. 

    If there is no other solution but to take the case to court, you can rest assured we have the expertise to represent your best interests at all times.

    Why work with Osbornes?

    It can be difficult to know what to do when you need access to your neighbour’s land and they refuse to give it to you. Having specialist legal advice from the outset can greatly improve your chances of a successful outcome. At Osbornes, our multi-accredited team has specialist knowledge of Access to Neighbouring Land Act claims.  You can be sure that we will provide you with first-class legal support – all backed up by transparent pricing with no hidden costs.

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    For Neighbouring Land Advice Contact Us

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