Are you looking to carry out maintenance or repairs on your property and wondering whether you can gain access to your neighbour’s land/property to carry out these works?
In most cases, neighbours will allow you access for works that need to be carried out, but they are within their rights to refuse access.
So, before you do anything, hear what the experts have to say about gaining entry to your neighbour’s property.
Can a neighbour refuse access for maintenance or repairs?
In short, yes, a neighbour can refuse you access onto their land/property for maintenance work or repairs.
In most cases, neighbours will be accommodating and allow you access for the works that need to be carried out, but if they don’t, here is what to do.
If your neighbour refuses access, your first course of action is to check the deeds to your house.
This will show if you already have a right of way allowing you access to your neighbour’s property, according to BLB Solicitors’ property disputes specialist Mike Hansom.
If not, you may have acquired a right of way over time. You will have achieved this if you are able to demonstrate that you have accessed the area without force, secrecy, or permission continuously and without any interruption for at least 20 years.
You may be able to acquire an access order from the courts allowing you entry onto your neighbour’s property. (Image: Getty Images)
Failing that, you can ask the court to grant you an access order to carry out ‘Basic Preservation Works‘ under the Access to Neighbouring Land Act 1992, Mr Hansom said.
To obtain this order, you must be able to prove the work being carried out meets one of the following criteria:
The BLB Solicitors property disputes specialist adds: “The work must relate to preserving an existing structure instead of building a new house, an extension or a conservatory.
“The court can refuse to grant access if it could cause your neighbour severe hardship or financial loss.
“Alternatively, the court may order you to pay compensation as a condition of allowing access.”
The order will specify what work you can undertake and by when.
Access orders can also be applied for by the likes of contractors, not just property owners.
However, Mr Hansom said these kinds of orders are a “rarity” and surrounded by “uncertainty”.
He continued: “Although a recent High Court judgment has provided some welcome guidance, this remains a complex area of the law, so always seek early legal advice.”
Your rights outlined above also apply to erecting scaffolding on your neighbour’s land to carry out any works.
Have you ever had a dispute with your neighbour about access to their property/land? Let us know in the poll above or in the comments below.