The Access to Neighbouring Land Act 1992
The article's source is Desktop Lawyer, and the article below is here.
One neighbour often needs to go on to the land of another to repair their property.
Accordingly, a legal right allows this under the Access to Neighbouring Land Act 1992.
Generally, you are trespassing if you go onto your neighbour's land without their permission.
However, if you wish to repair your home, you may go onto your neighbour's land without their permission.
Before going on your neighbour's land, you should still ask for their permission, and you can request access to your neighbour's land in a letter.
If they do not want to let you and try to stop entry, you can seek an order from the court forcing them to give you access. The Access to Neighbouring Land Act 1992 enables access to adjoining or adjacent land to carry out "basic preservation works" to one's property.
Basic preservation works include:
- Maintenance, repair or renewal of a building;
- Clearance, repair or renewal of a drain, sewer, pipe or cable;
- Filling in or clearing a ditch;
- Felling, removing or replacing a tree, hedge or other plants that are Dead, diseased, insecurely rooted or likely to be dangerous.
If you need to be granted the right of access, you must commence proceedings in the County Court. The court will grant an access order if it is satisfied that the preservation works are:
- Reasonably necessary for the preservation of the relevant land; and
- They cannot be carried out or would be very difficult without entry onto the adjoining land.
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In addition to any repair responsibilities explicitly set out in the tenancy agreement, common law and statute will imply terms to the agreement between landlord and tenant.