Right Of Access To Property

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 right of access lawyers are on hand to assist you, giving expert legal guidance when you need it most.

Contact

Our approach to right of access property law

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 from coming onto your land, we can help. Our team specialise in right of access to property law. We 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

Email us Send us an email and we’ll get back to you






    • Shilpa really helped us take charge of the situation and helped resolve this property dispute. I would not hesitate to recommend her or the team to anyone in a similar situation.

      David A, Trustpilot Review

    • On first meeting Shilpa I was sure that she understood immediately my requirements, and was sympathetic both to my financial restraints and my emotional state. She achieved everything I asked of her and proved to be invaluable, professional and efficient

      P Ashcroft, Trustpilot Review

    • At every step Shilpa alleviated any concerns and stresses we had. Always fast to respond, always professional and super knowledgeable.

      Trustpilot review

    • 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.

      Trustpilot review

    • I received a call from Shilpa Mathuradas a couple of hours after filling the enquiry form for a callback. She actively listened to my party wall concerns responding with gentle professionalism, answering my concerns, letting me know what is and is not possible and when best to bring in a solicitor. All this within 10 minutes. Excellent.

      Trustpilot review

    • "They are an outstanding firm to work with. They are consistently impressive in their work."

      Chambers UK

    • Excellent in every aspect.

      Property Department Client

    • If I had another reason to have to seek legal advice again, I wouldn’t hesitate to use Shilpa, and would recommend her to anybody who needed legal advice.

      Property Litigation client

    • Shilpa was professional, realistic, and unflappable. Shilpa managed to persuade a reluctant witness to come forward to support my case. She obviously knows her subject very well.

      Property Litigation client

    • I always had full confidence in Shilpa keeping my best interests at heart. I often didn’t understand the legal language, and she would follow this up with a phone call and patiently explain.

      Property Litigation client

    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.

    Property News & InsightsVIEW ALL

    1. 9.11.2021

      Can I still claim adverse possession?

      The principle of “adverse possession” commonly known as “squatters rights” is a principle which allows a person who does not...

      Read more
    2. party wall disputes
      5.10.2021

      Buying a property where a Party Wall Award...

      Buying a house with a party wall agreement Buying a property can already be a stressful process but finding out...

      Read more
    3. 26.6.2021

      The Risks Of Buying Properties Off Plan!

      The Daily Mail reported recently that 300 families a week are having to move into shoddy newly built homes. Not all...

      Read more
    4. 7.5.2021

      Costly clauses missed by lawyers in leasehold contracts

      A mum has been left facing a bill of millions of pounds a year for the ground rent of her...

      Read more
    5. lottery ticket
      7.8.2020

      House buyers and sellers should be wary of ‘...

      Property raffles are a legal minefield and many are too good to be true, according to a leading lawyer. There...

      Read more
    6. 7.8.2020

      Property Litigation lawyer, Shilpa Mathuradas quoted in Inside...

      House buyers and sellers should be wary of ‘too good to be true’ property raffles Shilpa Mathuradas, Head of Property...

      Read more
    7. 20.5.2020

      Frustration and Force Majeure – Does COVID-19 operate to...

      In these unprecedented times, many business owners may be wondering if there is any way that they can cancel or...

      Read more
    8. 18.2.2020

      Overlooking Nuisance Claims – Buy some net curtains!

      Last week saw the Court of Appeal reaffirmed the decision not to allow the Neo Bankside residents’ an injunction to...

      Read more
    9. 6.2.2020

      ‘Glass in Hand’ Lecture – Should we be nervous...

      Hampstead residents will be able to find out about their legal rights when trees damage or overhang their property, next...

      Read more
    10. 11.10.2019

      Government eviction reforms “risk increasing delays”

      Government plans to end so-called ‘no fault’ evictions – and at the same time expand what amounts to a good reason...

      Read more
    11. 13.8.2019

      Court Grants Damages For Japanese Knotweed Infestation

      The recent case of Williams v Network Rail Infrastructure [2017] has set an important precedent when dealing with Japanese knotweed. Property...

      Read more
    12. 13.8.2019

      EMA Decision: Brexit Does Not Frustrate Commercial Property...

      The largely anticipated decision in the case of Canary Wharf v The European Medicines Agency has now been given. Judge...

      Read more
    13. 13.8.2019

      Squatting-will the new law provide homeowners with increased...

      On Saturday 1 September 2012 a new law came into force which makes squatting in a residential building an offence punishable by...

      Read more
    14. 12.8.2019

      Basement developments- How to fight back

      Basement developments are growing ever more popular, particularly in wealthy London boroughs, leaving homeowners fearful that neighbours’ excavation projects will...

      Read more
    15. 18.7.2019

      New Builds, Poor Standards!

      This week’s Dispatches programme looked at allegations of shoddy standards, poor customer care and excessive profits being made by...

      Read more
    16. 9.7.2019

      EMA Decision: Brexit Does Not Frustrate Property Lease

      The EMA’s appeal against the decision of the Order of Mr Justice Smith that Brexit would not frustrate the...

      Read more
    17. 8.7.2019

      LEASEHOLD REFORM – GOVERNMENT RESPONDS

      Last year the government invited views on how they should tackle exploitative practise in the leaseholder sector. They have now...

      Read more
    18. 10.4.2019

      Tenant Fees Act 2019 – Landlords & Letting Agents be Warned

      On 12 February 2019, the Tenant Fees Bill received Royal Assent and comes into effect on the 1 June 2019 The Act prevents landlord...

      Read more
    19. 25.3.2019

      Court case has serious consequences for landlords recovery...

      On the 21st December 2012 the High Court handed down its judgment in the case of Phillips & Godard -v- Francis &...

      Read more
    20. 23.9.2018

      The Frustrating Implications of Brexit!

      Landlords up and down the country are awaiting the outcome of the case between European Medicines Agency (“EMA”) and Canary...

      Read more
    21. 23.9.2018

      Licensing for Houses in Multiple Occupation to be...

      In an attempt to raise standards for all relevant Houses in Multiple Occupation (HMOs), changes are afoot and come into...

      Read more
    22. 25.9.2017

      Extortionate Ground Rents Results in Negligence Claims!

      Leasehold ground rents have attracted much attention as negligence claims against solicitors have risen sharply in the last 12 months. The...

      Read more
    23. 7.10.2015

      Japanese Knotweed: Knot In My Backyard!

      Japanese knotweed has in recent years attracted much media attention. The plant is often known as an “alien species” by...

      Read more
    24. 19.6.2012

      Enforcement orders: The wrath of the Gods!

      In a recent article in The Evening Standard the paper reported a story about High Court Enforcement Officers who entered...

      Read more

    VIEW ALL

    For Neighbouring Land Advice Contact Us

    For a free initial conversation call 0207 485 8811

    Email us Send us an email and we’ll get back to you