115 Access for maintenance

115 Access for maintenance

In the absence of agreement or the existence of an easement, at common law there is no right for owner N to go into owner M’s garden to maintain owner N’s fence, wall or hedge, or for any other purpose.

However, the Access to Neighbouring Land Act 1992 gives limited rights of access, on obtaining a court order in the county court, for owner N to go into owner M’s garden to carry out ‘basic preservation works’ to owner N’s property1.