Access To Neighbouring Land Act 1992
In 1992, a law was made to access the neighboring property called Access To Neighbouring Land Act 1992. It allows the people to approach the neighboring property legally and in a secure manner to carry out any construction work required. Before starting any sort of work on the adjoining property you need an application for an excess order which is then signed by the next-door neighbor and allows you to approach his property.
How can you get access to a neighboring property?
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You can get legal access to the proximate property only if the court makes the access in your favor. To satisfy the court you must ensure that the construction is necessary for the prevention of next-door estate and the construction cannot be carried out without entering into the neighbor’s property. It generally includes the maintenance and repair of a building, removal of unnecessary bars or plants that are a threat to your property, and clearing a ditch or a gutter line. If the work is genuine and it requires a certain amount of time and money then you need to sign a party wall notice before entering the adjoining property.
Is it necessary to seek your neighbor’s permission?
Sending a legal notice to your neighbors makes your work secure and ensures that it cannot interfere with your work or put unnecessary charges against you. But there should be transparency in the party wall notice and your bystander must have the essential information about the detail of work required. Always seek the help of a professional surveyor so that he gathers all the relevant information regarding the work required, the time required, and the changes that would occur on the adjoining property. Other than your neighbors, the permission is beneficial for you and avoids any future tensions and discomfort.
Sometimes acervating the neighboring land becomes unavoidable because you cannot make the necessary changes without it. It can be simple work like painting your building or some heavy work that includes machinery running through the neighbor’s backyard. In this case, the entry bylaw can be helpful.
How can you exercise your legal rights to adjoining property?
You can exercise your legal right and carry out the working at the coterminous property if you have served the notice and your words are permitted by the law. Secondly, you can continue your construction, renewal, or removal activities if the neighbor has given his consent regarding your work. Thirdly you can start your work without any fear if you have served the party wall notice 14 days before.
If the confrere does not agree to your legal rights then you can call a policeman to settle out the matter and made them sign the permission notice. The neighbor does not have any right to stop you if you are doing everything according to the law. The extent and duration of the work must be in the knowledge of the bezzie. It leaves them no choice but to obey. The party wall act clearly states that the neighbor must be compensated in case of any loss to his property. It includes any sort of loss that causes them inconvenience.
Laws for the right to access
Section 8 of the party wall act, allows you to have a Right of Access to the adjoining property. According to section 1 of the act, you can form a new wall along the already built boundary wall. It means that the boundary wall already built is excluded by this section of law.
Section 2 of the law allows you to rebuild a party wall and you can access the neighboring property for this task. It means that you can cut into the wall or cutaway projections to examine the design details from the neighbor’s side.
If you are going for an excavation process then section 6 of party wall law can help you out for excavating the foundations. You can have the proper rights on the neighbor’s property.
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