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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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how do i get an access order to go on a neighbours property

Customer Question

how do i get an access order to go on a neighbours property to do repairs
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this.

Alex Watts :

You need to write and ask for access within 14 days or say you will go to Court.

Alex Watts :

If they refuse then you can apply to the Court under the Access to Neighbouring Land Act 1992

Alex Watts :

You need to complete form N208

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf

Alex Watts :

The Court will list the matter for hearing and decide whether to grant you acess

Alex Watts :

The Act states:

Alex Watts :

A person—

(a)who, for the purpose of carrying out works to any land (the “dominant land”), desires to enter upon any adjoining or adjacent land (the “servient land”), and

(b)who needs, but does not have, the consent of some other person to that entry,

may make an application to the court for an order under this section (“an access order”) against that other person.

Alex Watts :

The Judge will consider the application and if so grant the Order

Alex Watts :

If the neighbour refuses to comply then this is contempt of Court

Alex Watts :

The neighbour could be sent to prison, warned or fined.

Alex Watts :

But that is the process

Alex Watts :

Can I clarify anything for you about this today please?