Is there an exception to the Neighbouring Land Act in favour of a Developer .... Can a developer go to court to obtain access if the work he wants to do cannot be carried out without access I would appreciate your view on this ...thank you .. Michael XX
Hello Michael my name is ***** ***** I will help you with this.
Does the developer want to maintain or is this something new please?
am concerned that my question r chives full and detailed consideration as I am aware the general principle is ... No access unless renovating refurbishing existing .. if extending oraltering the structure what is the position if a Court application is made ?? And are there cases to support decision no access possible without consent ???
I need more information before I can help
Are you saying you want case law to support the fact a developer can access land for a new build rather than maintenance ?
Ok - yes
I am here now so we can chat
I just need to understand your question to help you
Yes that is right. To maintain an existing structure
For something NEW?
Its bad news. I have searched case law and thousands of cases online using legal rescources.
There is NO case law that says as a new developer you can have access
The law only says where there is an existing development and you need to maintain it can you get access
New developments - no
I am sorry that this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
If he has no right then he can NOT make an application to the Court.
The Court only allows for MAINTENANCE of an existing structure.
An extension is NOT maintenance
Therefore the Act does NOT apply and he can NOT apply to the Court.
So he has NO RIGHT to apply to the Court
Does that clarify the position for you?
There is no case law FOR the developer
So that means there is NOTHING in law that supports HIM
Does that help?
Yes of course. Well planning is a different issue all together
Can I clarify anything else for you about this?
Thanks Michael. If I could invite you to rate my answer before you go today, the button should be at the bottom of the screen
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