Right of access to the neighbour’s land

[Auction]

I think that if we need to have access to our neighbour’s land to do work on our own land we have to use either The Party Wall Act 1996 or the Access to Neighbouring Land Act 1992. I would like to what differences there are between these two acts.

I would like to know what are the differences between the procedures that we have to use if we want to use one act or the other. I would like to know which sections of these two acts are relevant concerning these differences.

I think that for one a surveyor should be appointed and for the other we need to apply for an access order to the court but I am not entirely sure and I do not know very well the procedures concerning these two acts

 

[noseall]

Why don't you just ask for the owners' permission?

 

[noseall]

P.S. The right to use neighbouring land act only allows for maintenance etc, and will not facilitate you in any way to erect a new build structure.

In other words, if you wish say to build an extension and they say no, then tough.

 

[Auction]

My neighbours refuse me permission

I would like to know what are the exact procedures to follow if I want to use these two acts because I would like to do this properly. I would like to know also what are the sections of these two acts which concerns these procedure

 

[jeds]

It depends what work you want to do. The party wall act is only relevant for works which come within the act. Which basically means works to the party wall. (works under section 2) You cannot use the party wall act for maintenance works to your own property. The access to neighbouring land act gives you rights to enter your neighbours property to carry out maintenance works to your own property which cannot be reasonably accessed any other way. There is a set procedure for giving notice etc which you are going to have to look up or get somebody to do for you. It is your responsibility to make good any disturbance.

 

[noseall]

So, can you put us out of our misery and tell us what it is you intend to do, building wise?

 

[Auction]

I have two properties for one the Party Wall act will apply and for the other the Access to Neighbouring Land Act will apply so I need to know the procedures that I have to follow to apply both of these acts

 

[CaptainCaveman289]

Have the nominations for 'most cryptic thread' gone in yet?


If you want to know the procedures for the act, why not just look it up?

https://www.gov.uk/party-wall-etc-act-1996-guidance
49 page explanatory booklet for you there.

http://www.legislation.gov.uk/ukpga/1992/23/contents

Enjoy!


Otherwise why not provide a description of your situation,
others can get a somewhat proportionate view of the scenario and therefore be in a position to offer meaningful advice.


Saving that, you have a talent for discretion, join mi5 and go for some super secret ninja access.

 

[Auction]

I would like that someone who already knows these two big documents provides me with a summary of the procedures to follow for the Party Wall act and the Access to Neighbouring Land Act in case permission to access is refused by the neighbour. If someone already knows these two documents I will not need to go through them because they are quite big. It is what we call economy of scale

 

[CaptainCaveman289]

So you want to utilise these acts based solely on advice received on an internet forum without any actual knowledge of the acts themselves?

You also expect a stranger to accurately summarise an extensive technical document taylored to a situation they have no view of and without any idea what may or may not be relevant?

By now you could have just provided more information and already had a well-informed and helpful response.

You want a psychic builders forum, that's it, anyone know any?


I'll give it my best try:

Party wall act 1996:
You must
seek permission in writing 2 weeks before commencing work, lack of a response constitutes a dispute, a dispute warrents solicitors or will just be a note against the property, the other side can stop you during but not after the works.
By way of recompense for working on the adjoining structure you need to hold a party with at least 3 different kinds of cake, if there are children involved there must be appropriate entertainment, such as a clown.

Or you could just Google party wall act summary:
http://www.partywallact.org.uk/

Access to neighbouring land Act 1992:
In the dead of night you need to dress stealthily, wear all black and a balaclava, ensure the sky is dark with minimal light, avoid full moon.
To cover your noise, choose a wet and story night.
You may then dance on your neighbours lawn in full privacy.
If you slip into singing a chorus of 'dancing in the moonlight' I suspect your cover will be blown, the police will be called and you may receive a mental health assessment.

Or:
http://www.problemneighbours.co.uk/rights-under-access-to-neighbouring-land-act.html


This is indeed a very peculiar thread, why are you insistant on providing as little information as possible? It's almost as if you want people to be unable to help you...

You may also want to Google what 'economy of scale' actually means.

 

[Auction]

I need to be given a summary of the procedures to follow concerning what to do concerning the Party Act and the Access to Neighbouring Land Act if a neighbour refuses access because I would like to negotiate with him. I would like to explain him what are these procedures and maybe he would change his mind and understand that the better solution is to give me access.

 

[freddiemercurystwin]

You just don't get it do you? And a please or a thank here or there wouldn't go amiss either now and then. Some people will just never get the best out of forums. Oh well!

 

[CaptainCaveman289]

I've given you full acts and some summary links...

Let's try this one step at a time.

You want access, you expect a refusal, you want to force your neighbour.
Why do you need access? Is it for new build or maintenance?

If it's new build, tough, you have no right to access. Make nice with your neighbour.

If it's maintenance and access is refused you can apply to the courts to order access under conditions and compensation that suit the land owner, at your expense.


It it's for worship of ancient celestial bodies, as I am now beginning to suspect; then you should appeal to the great lord Ulthasar the third, as long as you know the special handshake.


Edit:
Is this the same neighbour you already have a dispute with regarding his overlooking windows?

 

[RogerBoyle]

I need to be given a summary of the procedures to follow concerning what to do concerning the Party Act and the Access to Neighbouring Land Act if a neighbour refuses access because I would like to negotiate with him. I would like to explain him what are these procedures and maybe he would change his mind and understand that the better solution is to give me access.

SO basically you want to learn how to bully the neighbours (probably an elderly person) into giving you access with big words and legal sounding threats ....

 

[ban-all-sheds]

So, can you put us out of our misery and tell us what it is you intend to do, building wise?

Probably something shoddy and dubious.

Consider:

I have two properties for one the Party Wall act will apply and for the other the Access to Neighbouring Land Act will apply so I need to know the procedures that I have to follow to apply both of these acts

He's probably a "property developer", who doesn't really know what he is doing.


Consider:

I would like that someone who already knows these two big documents provides me with a summary of the procedures to follow for the Party Wall act and the Access to Neighbouring Land Act in case permission to access is refused by the neighbour. If someone already knows these two documents I will not need to go through them because they are quite big. It is what we call economy of scale

He is unwilling or unable to learn what he needs to know, and he's asking here because he unwilling or unable to pay for professional legal advice because he's doing things on the cheap.