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England

Property Law

Access to Neighbouring Land UK — Access to Neighbouring Land Act 1992 for Landlords

The Access to Neighbouring Land Act 1992 (ANLA 1992) gives property owners and occupiers a statutory right to apply to the county court for an order granting access to adjoining land where access is reasonably necessary to carry out 'basic preservation works' to their own property and the neighbour refuses voluntary access. 'Basic preservation works' (s.1(4)): maintenance, repair, or renewal of any part of a building or structure; clearing or repairing drains, sewers, pipes, cables, or ditches; filling or clearing a ditch; treating, cutting, or removing hedges, trees, or shrubs; repairing or renewing fences, walls, or other enclosures. Court application (CPR Part 8): the court must balance the applicant's need for access against the respondent's reasonable use, privacy, and security of their land; the court can impose conditions (working hours; making good; supervision). The access order must specify the works; the land to which access is given; the access period. Compensation: the court may order the applicant to pay compensation to the respondent for loss, damage, or injury caused by the access. Making good: the applicant must make good all damage caused to the neighbouring property (s.3 ANLA 1992). Distinction from Party Wall Act 1996: the Party Wall Act governs works to party walls and structures; ANLA 1992 governs access to the neighbouring land generally — both can apply simultaneously. Scotland: ANLA 1992 applies with modifications under the Title Conditions (Scotland) Act 2003.

9 min readUpdated 7 June 2026Last reviewed: 17 May 2026access-neighbouring-land-1992access-neighbouring-land-act-landlordbasic-preservation-works-accessaccess-order-neighbouring-property

Access to Neighbouring Land Act 1992 — When It Applies and Basic Preservation Works

ANLA 1992 applies where: the applicant wishes to carry out 'basic preservation works' on their land; the works cannot be carried out (or would be substantially more difficult) without accessing the neighbouring land; and the neighbour has refused or failed to agree or has imposed unreasonable conditions. Basic preservation works (s.1(4)): maintenance, repair, or renewal of any building or structure; clearing or repairing drains, sewers, pipes, cables, or ditches; treating, cutting, or removing hedges, trees, or shrubs; repairing or renewing fences or walls. Examples that qualify: repointing or rendering an exterior wall accessible only from the neighbouring garden; repairing a gutter on the shared side of a semi-detached property; underpinning foundations from the neighbour's side; repairing a chimney stack using scaffolding on neighbouring land. Works that do NOT qualify: new construction or development; improvement works going beyond preservation; works that could be carried out without neighbouring access (albeit at greater difficulty). Application: CPR Part 8 county court claim; court considers the respondent's privacy, security, and reasonable use; access order specifies works; period; conditions; compensation may be ordered.

Negotiated Access Licence, Party Wall Act, and Practical Steps

Before a court application: negotiate a written access licence with the neighbour specifying the works, period, hours, areas, making-good obligation, and agreed compensation. A solicitor's letter is advisable. Negotiated access avoids litigation costs and uncertainty. ANLA 1992 vs Party Wall etc. Act 1996: the Party Wall Act covers works to party walls and structures (notice procedure; surveyor adjudication); ANLA 1992 covers access to neighbouring land generally; both can apply simultaneously (e.g. chimney stack works under Party Wall Act; scaffolding in neighbour's garden under ANLA 1992). Building Act 1984 s.77: separate enforcement route where a structure is dangerous — local authority can act and grant access; authority-driven, not landlord-initiated. During access: ensure public liability insurance; contractor must carry employer's liability and public liability insurance; photograph the condition of neighbouring land before and after access; make good all damage. Legal costs: court may award costs against a respondent who unreasonably refused access; take legal advice before issuing. Scotland: ANLA 1992 applies with modifications; Title Conditions (Scotland) Act 2003 also provides for access rights; specialist Scottish advice is required.

Frequently asked questions

What is the Access to Neighbouring Land Act 1992?+

The ANLA 1992 gives property owners a statutory right to apply to the county court for an access order granting entry to the neighbouring land to carry out basic preservation works where the neighbour has refused voluntary access.

What works qualify under the ANLA 1992?+

Basic preservation works: maintenance, repair, or renewal of buildings or structures; clearing or repairing drains, sewers, pipes, cables, or ditches; treating, cutting, or removing trees, hedges, or shrubs; repairing or renewing fences or walls. New development and improvement works do not qualify.

Do I have to pay my neighbour if the court grants access?+

The court may order compensation to the neighbour for loss, damage, or injury caused by the access. The applicant must also make good all damage to the neighbouring property caused by the access and works.

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