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Alice H
Alice H, Solicitor
Category: Property Law
Satisfied Customers: 2850
Experience:  Partner in national law firm with 20+ years legal experience
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To prevent further flooding I wish to tank an outside wall

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To prevent further flooding I wish to tank an outside wall which adjoins a neighbours slate path. This path is a right of way to the cottage behind mine. The neighbour in question parks a largish van in front of the cottage dwellers front door making it impossible for that person to access the cottage with a car. This is the area where I wish to have the tanking work done. Will it be in order for me to question the refusal of the neighbour to let the builder dig down to put in the tanking? I have assured them that the path will be repaired afterwards.
My name is ***** ***** I'm happy to help with your question today.
The Access to Neighbouring Land Act 1992 is indeed the correct legislation if your neighbour is refusing access for you to carry out maintenance work.
You should try an informal approach with your neighbour but if that doesn't work you can seek an order from the court for access.
In order to grant an access order the court must be convinced that the reasons you need to gain access to a neighbour’s land, if they have been flatly refused permission, are valid as contained within the Act.
Valid reasons for granting an access order would include:
- The maintenance, renovation or repair of a property (or parts of it) in order to preserve it
- The clearing or repair of any sewers, drains, cables or pipes
In some cases, the courts can refuse to grant an access order if they decide that in doing so, it could cause severe hardship to your neighbour or land owner, or that it would significantly reduce their capacity for enjoying their own land.
If an access order is agreed to by the courts, it must then specify exactly the work which needs to be carried out, the date work will commence and the date it must be completed by. Obviously, if the date is not suitable to your neighbour, they can request an alternative date. It would also be your responsibility to pay any compensation to the landowner, i.e. your neighbour, should they incur any financial loss, or put right any incidental damage that might result to their land or property as a result of the work you’re having carried out.
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