{"id":26366,"date":"2022-05-10T14:41:14","date_gmt":"2022-05-10T13:41:14","guid":{"rendered":"https:\/\/www.propertysurveying.co.uk\/newsletter\/?page_id=26366"},"modified":"2022-05-24T12:16:46","modified_gmt":"2022-05-24T11:16:46","slug":"essential-repairs-and-property-maintenance-trespass-or-not","status":"publish","type":"page","link":"https:\/\/www.propertysurveying.co.uk\/newsletter\/?page_id=26366","title":{"rendered":"Essential repairs and property maintenance – trespass or not?"},"content":{"rendered":"

Going on to your neighbour’s land is sometimes necessary to carry out essential repairs to your property. Consequently, the Access to Neighbouring Land Act 1992, provides for this with a legal right to access in certain circumstances. The Act covers property in England and Wales.<\/p>\n

In some cases, a covenant may exist in the deeds of your property and your neighbour’s, that give each of you right of access over certain parts of the other’s land, in certain circumstances. However, going onto someone else’s property, even for essential repairs, without their permission will usually be considered trespass. Despite this, it is possible to go onto your neighbour’s land without their explicit permission when you need to do so in order to repair your home.<\/p>\n

Of course, if you want to keep a good relationship with your neighbour it will be polite to obtain permission before going on their land, and this can be done in person or in the form of a letter.<\/p>\n

If permission is not granted, you can apply to the court under the Access to Neighbouring Land Act to force your neighbour to allow access for the purposes of carrying out ‘basic preservation works’ on your own property. Reasonable works include:<\/p>\n