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

The Access to Neighbouring Land Act 1992 — When It Applies

The ANLA 1992 applies where: (a) an owner or occupier of land ('the applicant') wishes to carry out 'basic preservation works' on their land; (b) those works cannot be carried out, or would be substantially more difficult to carry out, without entering upon the land of the person with the interest in the adjoining land ('the respondent'); and (c) the respondent has refused or failed to agree to give access or has imposed unreasonable conditions on access. 'Basic preservation works' (s.1(4) ANLA 1992) are defined as: (i) the maintenance, repair, or renewal of any part of a building or other structure on the applicant's land; (ii) the clearance or repair of a drain, sewer, pipe, or cable on the applicant's land; (iii) the filling in, or clearance of, any ditch on the applicant's land; (iv) the treatment, cutting back, felling, removal, or replacement of any hedge, tree, shrub, or other growing thing which is in danger of becoming diseased, dead, damaged, or which is overhanging the applicant's land from the respondent's land; and (v) the removal, repair, or renewal of any fence, wall, or other means of enclosure. Examples of works that typically qualify: repointing or rendering an exterior wall that can only be accessed from the neighbouring garden; repairing a gutter on the shared side of a semi-detached property; underpinning foundations where access is needed from the neighbour's side; repairing a chimney stack where access requires scaffolding on the neighbouring land. Works that do NOT qualify: new construction or development that goes beyond basic preservation; improvement works that are not necessary for preservation; works that could be carried out (albeit at greater difficulty or cost) without neighbouring access.

• Applies where basic preservation works on the applicant's property cannot be carried out (or are substantially more difficult) without access to the neighbouring land
• 'Basic preservation works' (s.1(4)): maintenance, repair, or renewal of buildings or structures; clearing or repairing drains, sewers, pipes, cables, ditches; treating, cutting, or removing trees, hedges, or shrubs; repairing or renewing fences and walls
• Does NOT cover new development or improvement works — only works necessary to preserve the existing structure
• Applies where the neighbour has refused, failed to respond, or imposed unreasonable conditions on voluntary access — a court application is required
• Distinct from party wall rights (Party Wall etc. Act 1996) and from easements — ANLA 1992 is a statutory right to apply for a one-off access order, not a permanent right of way

Making an Application — County Court Procedure and the Access Order

A claim for an access order under the ANLA 1992 is made in the county court (Civil Procedure Rules Part 8 — the alternative procedure for non-contested matters). The applicant should: (i) serve written notice on the respondent (neighbour) specifying the works required and requesting access; (ii) if the respondent refuses or fails to respond, issue a Part 8 claim in the county court; (iii) the claim must identify: the specific works to be carried out; the access required (which parts of the neighbouring land; for how long); the proposed dates; any compensation offered. The court has a discretion to grant an access order but must consider: the respondent's reasonable use and enjoyment of their land; the respondent's privacy and security; whether the access would interfere unreasonably with the respondent's enjoyment; whether the applicant could reasonably carry out the works in another way. An access order (s.2 ANLA 1992) must specify: the works to be carried out; the land to which access is given; the period of access (maximum 12 months); any conditions the court imposes (e.g. hours of working; supervision by the respondent's representative; making good damage). Compensation: the court must consider whether any payment should be made by the applicant to the respondent for the access (s.2(5) ANLA 1992). The compensation covers loss, damage, or injury suffered or likely to be suffered by the respondent as a result of the access — for example, disruption to the use of the respondent's garden or driveway, loss of privacy during works, or physical damage caused. The applicant must also make good any damage caused to the neighbouring property as a result of the access (s.3 ANLA 1992). Security for the compensation can be ordered if the court thinks it appropriate.

• Claim issued in the county court under CPR Part 8; the applicant should first serve written notice on the neighbour specifying the works and requesting access
• Court discretion: the court will balance the applicant's need for access against the respondent's reasonable use and enjoyment of their land, privacy, and security; the court can refuse or impose conditions
• Access order (s.2): must specify the works; the land to which access is given; the period (up to 12 months); conditions such as working hours, making good, supervision
• Compensation: the court may order the applicant to pay compensation for loss, damage, or injury to the respondent; the applicant must also make good any damage caused by the access and works
• Security: the court can order security for compensation (e.g. a deposit or bond) where the applicant's ability to pay is in doubt

ANLA 1992 vs Party Wall Act 1996 — Which Regime Applies?

The Access to Neighbouring Land Act 1992 and the Party Wall etc. Act 1996 are overlapping but distinct regimes that apply to different situations. Understanding which applies is important for landlords planning works to older properties. Party Wall etc. Act 1996: applies to works to or adjacent to a party wall, party structure, or party fence wall (as defined in the Act); the Act gives rights to both the building owner (who wants to carry out works) and the adjoining owner (neighbour); the Act applies to England and Wales but not Scotland (Scotland has its own common law regime). Notice under the Party Wall Act must be served before works commence and there is a prescribed notice procedure with time periods; if the adjoining owner disputes the works, surveyors are appointed. ANLA 1992: applies where access to the neighbouring land (not specifically to a party wall) is needed to carry out basic preservation works; access to the land generally (e.g. a rear garden to set up scaffolding) rather than works to the party wall structure; the Act applies to England and Wales and (with modifications) to Scotland and Northern Ireland. Which applies in practice: if a landlord needs to carry out works to a party wall and the access is to the party structure itself, the Party Wall Act regime applies; if the landlord needs to access the neighbouring land (e.g. a garden, driveway, or yard) to carry out the works — even works to the party wall area — the ANLA 1992 may also apply; in many cases, both regimes need to be considered. A landlord repointing a shared chimney stack requiring scaffolding erected in the neighbouring garden: the chimney stack may be a party structure subject to the Party Wall Act; the scaffolding on the neighbour's land is subject to the ANLA 1992 (if the neighbour does not consent to the scaffolding). Scotland: the Access to Neighbouring Land Act 1992 applies in Scotland but with modifications under the Title Conditions (Scotland) Act 2003.

• Party Wall etc. Act 1996: covers works to party walls, party structures, and party fence walls; specific notice procedure; adjudication by surveyors if disputed; both sides have rights under the Act
• ANLA 1992: covers access to neighbouring land generally (not just party structures) to carry out basic preservation works; court application required if neighbour refuses; compensation may be payable
• Overlap: both regimes can apply simultaneously — e.g. chimney stack works (Party Wall Act) require scaffolding in the neighbour's garden (ANLA 1992)
• Scotland: ANLA 1992 applies in Scotland with modifications; the Title Conditions (Scotland) Act 2003 also provides for access rights in some circumstances
• Negotiate first: both the Party Wall Act and ANLA 1992 are last resorts; a negotiated access licence (see below) is almost always quicker, cheaper, and less disruptive than formal legal procedures

Practical Steps — Negotiating Access and Using Building Act Powers

Before making an ANLA 1992 court application, landlords should: (i) Attempt to negotiate a licence to enter: approach the neighbour with a clear explanation of the works required, the proposed access dates, the duration, and a commitment to make good all damage; offer to pay reasonable compensation; a solicitor's letter formalising the access licence is advisable — the access licence should specify: the works; the access period and dates; the areas of access; the obligation to insure against third-party liability during access; the obligation to make good; the compensation agreed. A negotiated access licence is almost always preferable to court proceedings — it is faster, cheaper, and avoids the uncertainty of the court's discretion; (ii) Building Act 1984 s.77: separate from the ANLA 1992, the Building Act 1984 s.77 gives local authorities power to require the owner of a dangerous or defective structure to carry out works — where a structure is dangerous, the local authority can take action and can grant access over neighbouring land; this is an enforcement route rather than a landlord-initiated access right; (iii) Insurance and protection during access: before any access proceeds, ensure the landlord has public liability insurance for the works; the working party must be insured for third-party liability on the neighbouring land; the contractor should carry appropriate employer's liability and public liability insurance; (iv) Making good obligation: the applicant (or their contractors) must make good all damage caused to the neighbouring property as a result of the access — failure to do so gives the respondent a cause of action for damages; (v) Scotland: Access to Neighbouring Land Act 1992 as modified for Scotland; the Land Reform (Scotland) Act 2003 also provides more general access rights for non-motorised recreational and educational access (not relevant to building works access); specialist Scottish property law advice is required.

• Negotiate first: a written access licence agreed with the neighbour is faster, cheaper, and more certain than ANLA 1992 court proceedings; offer fair compensation and specify the works, period, hours, and making-good obligation
• Building Act 1984 s.77: where a structure is dangerous, the local authority can take enforcement action and grant access; this is an authority-driven route, not a landlord initiative
• Public liability insurance: ensure the contractor has public liability insurance for working on neighbouring land; the landlord should also have liability coverage for access during works
• Making good: the ANLA 1992 s.3 obligation to make good damage applies whether access is court-ordered or agreed; document the condition of the neighbouring land before and after access (photographs)
• Legal costs: if a court order is obtained, the court may award costs against the respondent where they unreasonably refused access; take legal advice before issuing if the neighbour's refusal appears unreasonable

Frequently asked questions