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No, The property owner will not let us have access. The Garden wall, which is also a retaining wall (my house is 2mt above their garden) and is in a dangerous condition and will fall over into their garden. It was built in 1850 and needs to be dissmantled and re-built The Land ACt 1992 should give me access rights through the court. Is there any forms that I can fill in and send to the courts?
Yes. You need to send form N1 to the Court
You are asking for an Order under the Act.
A copy of the form will be sent to the Defendant whom will have an opportunity to file a defence.
The Court will then list the matter and decide whether to make an order under the Act.
If all you want to do is maintain your property and use the neighbours land the Court is likely to order this,
if the Court does and the neighbour refuses to comply he could be sent to prison for contempt of Court.
He could be warned, fined or sent to prison
Can I clarify anything for you about this today please?
Alex, Thank you for your help. If I have any other issues with this situation I will contact you. Regards, Brian
Great Brian. Can I clarify anything else for you please?
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