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propertylawyer
propertylawyer, Solicitor
Category: Property Law
Satisfied Customers: 280
Experience:  Property solicitor with expertise in commercial and residential property transactions.
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My neighbour is refusing to allow me access to s property in

Resolved Question:

My neighbour is refusing to allow me access to his property in order for me to repair an end wall of my conservatory which butts up to both our boundary. I believe the fence is mine & I have a legal right to remove it but I would have to stand on my neighbours land to rebuild the wall
Submitted: 1 year ago.
Category: Property Law
Customer: replied 1 year ago.
Will we eventually have to apply for a court order ?
Expert:  propertylawyer replied 1 year ago.

Hi

Thanks for your question.

If your neighbour refuses access you can apply to the court under the access to neighbouring land act to obtain an order to access your neighbour's land.

You have made a reasonable offer and if not accepted by your neighbour then the only available option is to get a court order to obtain access.

Can I assist you further?

Kind regards, Paul

Customer: replied 1 year ago.
Thank you. You have given me the answer I was expecting but can you please advise how I obtain a court order & are they really effective?
Expert:  propertylawyer replied 1 year ago.

Hi

Apologies for delay.

You may apply to the county court under CPR part 8 (form n208) for an access order under the access to neighbouring land act 1992. The court will grant an access order if it satisfied that the works are reasonably necessary for the preservation of the whole or any part of your property and the works cannot be carried out (or would be substantially more difficult to carry out) if access to your neighbour‘s land is not granted.

However, the court can refuse to grant an access order if it is satisfied that the works would interfere with your neighbour’s rights to enjoy its land or would cause it hardship. If an access order is granted it will include details of the work that may be carried out on your neighbour‘s land, when those works may be carried out and if compensation is payable to your neighbour for any loss it may suffer. The access order may also include other conditions. The court has discretion. There is no hard and fast rule. Each case turns on its facts and circumstances.

I hope this helps.

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