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Can a neighbour refuse access for maintenance or repairs? What are your rights
Courts can grant access orders for basic preservation works, and neighbours may be ordered to allow entry, compensation or limits on timing.
- If a neighbor refuses access for maintenance, property owners should first check their deeds to determine if an existing right of way exists, says Mike Hansom, property disputes specialist at BLB Solicitors.
- Homeowners may have acquired a legal right of way over time if they demonstrate continuous access without force, secrecy, or permission for at least 20 years.
- Under the Access to Neighbouring Land Act 1992, you can seek court-granted access for 'Basic Preservation Works,' including property maintenance, sewer repairs, or felling unstable trees.
- The court may refuse access if the work causes a neighbor severe hardship or financial loss; alternatively, it may order you to pay compensation as a condition of allowing access.
- While a recent High Court judgment offers guidance, Hansom notes these orders are a "rarity" surrounded by "uncertainty," emphasizing homeowners should always seek early legal advice.
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