Access to land for essential works?

The Access to Neighbouring Land Act 1992 enables you (as a freeholder or person with interest in the property) to apply to the County Court for access if:

The work is preservation (e.g., roof repairs, brickwork) not improvement.

Access is reasonably necessary.

The work cannot be carried out otherwise without access.

Write a polite formal letter/email to the neighbour summarising the situation and their prior consent.

Include:

What works are being done.

Why access is needed.

Duration and nature of access (e.g., ladder, 2 days, during working hours).

Assurance that the contractor is insured and will make good any damage.

Make a Final Request for Access

Include a copy of the contractor’s insurance.

Propose a written agreement.

Let them know that you will seek a court order under the 1992 Act if they continue to refuse.

Apply to the County Court

If they refuse or threaten legal action:

You (or all freeholders jointly, or one acting with the others’ agreement) can apply to the County Court under the Act.

You will need to show:

The nature of the work.

Why access is necessary.

The prior refusal.

It’s a civil matter, not a police matter, so if they call the police without trespass or damage, police are unlikely to act.

Finding Legal Help

Your usual solicitor might not handle litigation or land law—try a property litigation solicitor or one experienced in land disputes.

You can search on:

The Law Society’s Find a Solicitor

https://www.civilcourtservice.gov.uk/ (for court forms and procedures)

Look for someone who deals with “Access to Neighbouring Land Act 1992” or “property disputes.”

Application fees: £275 (as of current County Court fees).

Legal fees: Can vary, but getting initial advice and a simple application could be a few hundred to a few thousand pounds depending on complexity.

Costs can be awarded by the court, meaning your neighbour could end up paying if they are found to be unreasonably obstructive.

Try to negotiate one last time. Some neighbours respond positively to a written agreement and confirmation of insurance.

If they block access during agreed work, it might be worth installing a CCTV or recording to demonstrate the obstruction if needed in court.

Dear

Thank you for initially giving your verbal consent for access to your garden for essential roof and brickwork repairs to our shared building. Unfortunately, I understand that you are now objecting to access.

These works are necessary to preserve the property and can only be carried out with access to your side for a short time. The contractor is fully insured and will make good any damage.

We’d like to propose a simple written agreement and ensure minimal disruption (only a ladder and access for two days during normal hours).

If we’re unable to reach agreement, we will need to apply for a court order under the Access to Neighbouring Land Act 1992. This would be a last resort, and we hope we can resolve this amicably.

Please let us know if you’d be willing to discuss terms by [date].

Best regards,

Thank you Neil for your detailed reply.