Examination Timing: 00H01M56S
Emma and David own a freehold house built very close to the boundary of their property with their neighbour, Sarah. They wish to carry out essential repair work on the wall facing Sarah’s property. Their builder informs them that the use of a crane will be necessary to complete the work, but he cannot bring the crane in without entering Sarah’s land. Emma and David’s solicitor advises them that their title deeds do not include any rights to enter the neighbouring land to carry out works, and they do not have Sarah's consent.
Which of the following statements best describes the legal position?
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Emma and David can enter the land with a court order as the works are necessary for the preservation of their property and they cannot complete the works without entering the neighbouring land and do not have Sarah's consent. The Access to Neighbouring Land Act 1992 provides that if access to a neighbouring property is required to carry out necessary repairs or maintenance, the property owners can apply to the court for an access order. The court will consider the necessity of the work and the reasonableness of granting access before issuing an order.
Key Point: The Access to Neighbouring Land Act 1992 allows property owners to apply for a court order granting access to neighbouring land to perform necessary maintenance or repairs. This provision ensures that essential work can be carried out even if the neighbouring property owner does not grant permission, safeguarding property owners’ rights to maintain their property while balancing the interests of both parties.
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