Understanding Access to Neighbouring Land Act 1992

Understanding the Access to Neighbouring Land Act 1992 is a vital as it is a key piece of legislation in England and Wales that provides a legal framework for gaining access to adjoining land when necessary to carry out essential maintenance or repairs.

It bridges the gap between protecting property rights and meeting practical construction needs, especially in densely built environments with limited space.

This article explores the Act in detail, explaining how it works, when it applies, and its implications for homeowners, developers, and neighbours.

What Is the Access to Neighbouring Land Act 1992?

The Access to Neighbouring Land Act is a statutory provision that allows a property owner or occupier (the "dominant owner") to apply to the court for access to a neighbouring property (the "servient land") to carry out necessary preservation works on their own land.

Before the Act came into force, owners who needed access to neighbouring land for repairs often relied on informal agreements or faced legal uncertainty. Parliament introduced the Act to formalise access rights in situations where a neighbour unreasonably withholds consent or cannot be reached.

When Does the Act Apply?

The Act applies only in specific circumstances:

Access is required to carry out works to preserve an existing structure (not new development).

The works must be “reasonably necessary for the preservation of any part of the dominant land”.

There must be no reasonable alternative to carrying out the works without accessing the neighbour’s land.

Common examples include:

Repainting or repairing a wall, roof, or window facing another property.

Fixing gutters or downpipes that can only be reached from the adjoining land.

Repointing or waterproofing external walls.

When Does the Act Not Apply?

It’s crucial to note the Act does not apply in the following scenarios:

Construction of new buildings or structures.

Extensions, loft conversions, or development projects.

Access to carry out work on the neighbour’s property.

If a contractual right of access or easement already exists.

In such cases, other legal routes—such as negotiated licences, easements, or invoking rights under the Party Wall etc. Act 1996—must be considered.

How Does a Property Owner Obtain Access?

If the neighbour (servient owner) refuses permission for access, the dominant owner can apply to the County Court for an Access Order under Section 1 of the Act.

The court must be satisfied of the following before it can grant an Access Order:

The work is reasonably necessary for the preservation of the applicant’s land.

The work cannot be carried out without entry onto the adjoining land.

The adjoining owner’s land will not suffer unreasonable hardship as a result of the access.

The court may also consider the conduct of the parties—if, for example, the neighbour has previously refused access without justification.

What Can an Access Order Include?

An Access Order under the Access to Neighbouring Land Act may specify:

The scope of access, including location, dates, and duration.

Conditions for entry, such as working hours or protective measures.

Security arrangements, like fences or insurance provisions.

An obligation to make good any damage to the servient land.

Compensation for any inconvenience or losses suffered.

Courts have discretion to tailor orders to balance the interests of both parties.

What Happens If Access Is Denied Without Just Cause?

If the court grants an Access Order and the neighbour still refuses access, the dominant owner can enforce the order, and the neighbour may face contempt of court proceedings. It is a civil matter, and the court's intervention is a last resort.

However, in most cases, the mere initiation of the application process encourages neighbours to negotiate terms amicably to avoid litigation.

The Role of Reasonableness

The notion of reasonableness lies at the heart of the Access to Neighbouring Land Act. The court’s primary task is to weigh the need for preservation against any hardship or interference experienced by the adjoining owner.

Examples of factors considered include:

Whether access could be gained from the dominant land using scaffolding or equipment.

Whether granting access would disrupt the neighbour’s business or domestic life.

The temporary or minor nature of the proposed works.

The courts aim to strike a fair balance between preserving buildings and respecting property boundaries.

Access by Agreement: The Preferred Option

The Act does not serve as a first resort; it encourages parties to negotiate informal agreements wherever possible. These agreements can be simple licences or formal deeds, specifying terms of access and responsibilities.

Benefits of an informal agreement include:

Avoiding legal costs and delays.

Preserving neighbourly relations.

Greater flexibility in access arrangements.

Professional surveyors or solicitors often help draft and facilitate such agreements to prevent disputes.

Interaction with Other Legislation

The Access to Neighbouring Land Act does not exist in isolation. It interacts with other statutory frameworks:

Party Wall etc. Act 1996

Where works involve cutting into or excavating near a shared boundary, the Party Wall Act may take precedence. The Party Wall Act grants more intrusive rights for construction works, as long as the parties follow formal notice and dispute resolution procedures.

Landlord and Tenant Act 1985

In leasehold properties, both freeholders and leaseholders may be involved. Access to common parts or external walls often requires coordination between multiple stakeholders.

Health and Safety at Work Act 1974

Contractors operating under an Access Order must comply with all relevant health and safety obligations when entering another person’s land.

Who Pays for What?

Generally, the dominant owner bears all costs related to the works and the application process. This includes:

Legal fees to obtain the Access Order.

Surveyors’ or expert fees.

Insurance or indemnities.

Reinstatement or repair costs to the neighbour’s land.

If the adjoining land suffers a quantifiable loss, the servient owner may claim compensation.

Case Example: Prime London Holdings 11 Ltd v Thurloe Lodge Ltd (2022)

This High Court case clarified the threshold for granting an Access Order. The claimant sought access to the neighbour’s land to carry out preservation works, including rendering and roof repairs. The court held that while the works may have been desirable, the claimant had not demonstrated that the works were "reasonably necessary" for the preservation of the property, as required under the Act.

The judge emphasised that the court will not grant an order merely because the works are convenient or beneficial—they must be strictly necessary to preserve the dominant land. The court dismissed the application.

This case is now the leading authority on how strictly the courts interpret the necessity test under the Act.

Practical Steps for Owners and Developers

If you are planning repairs that may require access to your neighbour’s land, consider the following steps:

1. Plan early and assess whether access is needed.

2. Engage with your neighbour in a constructive and respectful way.

3. Provide clear details of the proposed works, duration, and access requirements.

4. Offer to cover any reasonable costs or inconvenience.

5. If the other party refuses to agree access, seek professional advice from a surveyor or solicitor.

6. Consider applying for an Access Order as a last resort.

Limitations of the Access to Neighbouring Land Act

While the Access to Neighbouring Land Act is helpful, it has its limits:

It applies only to existing structures, not new development.

It cannot be used to establish permanent access or rights of way.

It requires court involvement, which may be costly and time-consuming.

It offers no automatic access, even in emergencies—permission or an order is always required.

How Surveyors Can Help

Chartered surveyors play a key role in managing access requests. They can:

Assess whether access is essential or alternatives exist.

Prepare schedules of condition to document the state of the neighbour’s property before works begin.

Assist in negotiating access licences.

Provide expert reports for court proceedings if needed.

Professional involvement can reduce conflict, clarify expectations, and protect both parties' interests.

Conclusion - Access to Neighbouring Land Act

The Access to Neighbouring Land Act 1992 provides a sensible legal mechanism for accessing adjoining land when necessary to maintain or preserve buildings. Although the Act has a limited scope, it proves particularly valuable when parties struggle to reach an informal agreement and the works are urgent.

For homeowners and developers, understanding this legislation is crucial when planning works near boundary lines. Early engagement, clear communication, and professional advice are key to avoiding disputes and ensuring projects proceed without delay.

Need Help with Access to Neighbouring Land?

At Anstey Horne, our expert surveyors specialise in neighbourly matters and boundary-related access issues.

Whether you need support negotiating access, preparing schedules of condition, or applying for an Access Order, we’re here to help.

Contact us today to discuss how we can support your project.

For more information on all aspects of neighbourly matters and boundary issues, see a collection of articles in our blog.

For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135.

If you are planning work that is covered by the Act, or if you have received notice of work from a neighbour and want advice on how best to protect your property please contact: