Q&As

Does the Access to Neighbouring Land Act 1992 give a property owner a right to go on to a neighbour's property to build a new boundary wall, rather than for maintenance?

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Published on LexisPSL on 22/12/2020

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Does the Access to Neighbouring Land Act 1992 give a property owner a right to go on to a neighbour's property to build a new boundary wall, rather than for maintenance?

Does the Access to Neighbouring Land Act 1992 give a property owner a right to go on to a neighbour's property to build a new boundary wall, rather than for maintenance?

The Access to Neighbouring Land Act 1992 enables the court, in certain circumstances, to make an order allowing access to land (the servient land) for the purpose of carrying out works to adjoining or adjacent land (the dominant land). See Practice Note: Access to neighbouring land.

To be entitled to an order, an applicant must show (among other things) that the works are reasonably necessary for the preservation of the dominant land. Certain categories of work are automatically treated as reasonably necessary for the preservation of land, including repairs to any building on the dominant land.

Constructing a new boundary wall is not

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