Hi thanks for your question.
My name isXXXXX can help you with this.
Technically, you do need the permission of a neighbour in order to enter their land.
If you do not obtain that permission, you will be trespassing.
It is possible, when somebody trespasses, to issue court proceedings against them for compensation. Where that trespassed does not result in any real damage to the land, then the compensation will be very minimal.
Usually, it will be a nominal amount, such as £100.
The proper thing to do, however, is to make an application to the court under the 1992 act.
Once the court grants in order entitling you access to their land, it would not be trespassed, and no action could be taken against you.
The danger, is that if you take any real-time to do this, the neighbour could apply to the court for injunction, to prevent you from trespassing to start with.
The costs of the neighbour said doing that may be recoverable against you, and would be significantly higher than £100. I would expect the costs to be something more like £3,000 - £5000.
The decision that you need to consider, is whether to simply go ahead anyway, and potentially be sued later. Alternatively, you could apply to the court under the 1992 act, which would protect you once an order is granted.
Your question does not refer to an offer. What offer has the neighbour made?
Hello? Are you there?
I'm sorry, but for some reason the system showed you as being disconnected. It appears to have been a technical glitch.
At least I have you now, and can finish answering your question.
Are you asking me whether you should accept your friendly neighbours offer to reinstate the sense for you? In other words, it will be your friendly neighbours that trespass, but on your behalf-is that correct?
Hello. I can see from my system that you have gone offline again. If if you require me to assist you further, I'm more than happy to do that, please just let me know answers to the question that I raised at 6:24pm. I shall announce that as promptly as I can for you.
It is always best to leave neighbours out of the equation if you can. As you rightly say, it can create extra problems when people are put into a difficult and contentious situation.
If you wish to make an application under the 1992 act, you would need to issue a claim form, under part 8 of the court rules, and put a witness statement together explaining the position for the court. The claim form is here: http://wbus.westlaw.co.uk/forms/pdf/cpf00151.pdf
You can do this yourself, if you wish to.
I always suggest people use solicitors when going to court though, especially for this type of claim as it's differen to the usual "claiming for money" type action. Also, unless you're familiar with the court system, it can be full or rules and procedures, which can confuse some people.
Thank you for this. I hope this has been useful/good service?
I noted earlier that the you rated poor service. I do hope that you have now changed your mind so that I'll be credited from my time answering your question. If not, if there is anything more like can answer for you, to help change your view, and I will certainly do that for you.