This is one of the most common questions we receive—and for good reason. Many homeowners assume they can step onto a neighbour’s land to carry out repairs or maintenance to their own property. But the reality is more complex.
There are only four lawful ways to access your neighbour’s land to work on your property. If none of these apply, you do not have a right of entry, and stepping onto their land may amount to trespass—even if no damage is caused.
1. A Right of Access in the Title Deeds
The first thing to check is whether your property has a legal right of access included in the title deeds. Some properties have rights that “run with the land,” allowing access for specific purposes such as maintenance or inspection.
You may also have the benefit of an easement over your neighbour’s land. This might permit access to make necessary repairs or to maintain the enjoyment of that easement (such as a right of way). Check your original conveyancing documents and Land Registry title for any such rights.
If no such right exists, you’ll need to rely on one of the following alternatives.
2. The Party Wall etc. Act 1996
If the work you are carrying out is notifiable under the Party Wall etc. Act 1996, then Section 8 of the Act gives you a right of access to your neighbour’s land after serving a valid notice.
Typical scenarios where this applies include:
- Raising a party wall from your neighbour’s side
- Building a wall on the line of junction and requiring garden access
- Removing fittings or taking other necessary actions related to party wall works
However, if your works are not notifiable under the Act, you cannot rely on Section 8. A party wall surveyor can help determine whether your work qualifies.
3. Express Permission from Your Neighbour
If no legal or statutory access exists, the only way forward is to ask for your neighbour’s permission.
For example, if you want to:
- Install scaffolding to access a gable end
- Clean gutters or paint bargeboards
- Repair a garden fence
You’ll need their explicit consent. If they say no, you cannot legally enter their land—even briefly. Doing so could result in a claim for trespass, regardless of whether you caused damage.
The golden rule: no permission = no access.
4. An Access Order Under the Access to Neighbouring Land Act 1992
If all else fails, your final option is to apply to the court for an Access Order under the Access to Neighbouring Land Act 1992.
Access Orders may be granted where:
- The work is necessary for maintenance or repairs, such as repointing brickwork or repairing gutters
- Other access options have been exhausted
- The court is satisfied that the work cannot reasonably be carried out without access
Important: Access Orders are not granted for improvements or new construction (e.g. building an extension). They also often come with strict conditions and potential compensation for any interference with your neighbour’s use of their land.
Before going down this legal route, consult a solicitor experienced in property access law.
Final Thought: Think Before You Build on the Boundary
If you’re considering placing an extension wall just 200mm from the boundary line, remember this: you may never be able to access that wall again unless your neighbour allows it. This could affect future maintenance and long-term property upkeep.
Need Expert Advice on Access Rights?
We can help you assess your options, determine whether you have legal access rights, and guide you through the proper procedures—before disputes arise.
Email us at team@simplesurvey.co.uk
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