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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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Strictly speaking does a neighbour have to ask permission to

Resolved Question:

Strictly speaking does a neighbour have to ask permission to gain access to my land to carry out routine maintenance ? I have learnt through a third party that my neighbour plans to carry out fairly extensive work on his property in my absence without any prior discussion with me.
I have no issue with granting permission but obviously I would like to know exactly what his plans are and I would also prefer to be in the vicinity. From past experience I know if I simply ask him, he will say that he doesn't need to ask my permission.
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. At the outset, in order that your neighbour obtain access to your land to carry out repair works it is necessary that he first obtain your agreement to this course of action. The right to gain access to carry out works is given by the Access to Neighbouring Land Act, 1992, as amended. However, this Act provides for a procedure whereby a landowner seeking access must first write to the neighbouring landowner (you) and seek permission to carry out the works, whilst setting out what particular works are intended to be carried out. Accordingly, your neighbour cannot just walk onto your land without your consent. Nor can your neighbour just state he wants access without detailing the works he wishes to carry out. Accordingly, if your neighbour wishes to simply walk on and carry out works, call the police and have him ejected. Make clear that you are familiar with the law in this area and stand your ground.
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