GUIDE

Common Neighbour Disputes

Access to a neighbour’s land for repairs

If you want to carry out repairs to property or land you may need to have access to your neighbouring property or land in order to carry out these repairs. There may be a right of entry specifically for the purposes of inspection or repair in the property’s legal documents. If there is no such right, or no agreement can be reached, the law allows you as the person wishing to carry out repairs to apply to the county court for an access order allowing you to enter your neighbour’s land to carry out the repairs. There is a fee for the application.

Amenities that are shared

Who is responsible?

Many properties share certain amenities such as drains, pipes, driveways, or even the roof of a block of flats. The responsibility for maintaining these shared features and the rights to use them is usually outlined in the property’s legal documents.

In some cases, you may have legal rights over a neighbouring property, either expressly written into the title documents or acquired through long-term use (typically 20 years or more). For example, if you have a right to use a pipe running through your neighbour’s land, you are also likely to have the right to access their property for necessary repairs provided any damage caused is made good. If access is refused, it may be possible to apply to the County Court for an access order.

Repairs and Shared Amenities

If a shared amenity requires repair, the first step is to establish who is legally responsible. Unfortunately, the legal documents are not always clear on this point. In such cases, it is often sensible to agree in advance that repair costs will be shared among the affected property owners.

Typically, the process will involve:

• Appointing a surveyor or architect to assess the issue
• Obtaining repair estimates
• Agreeing on costs and appointing a contractor

It is important that the party initiating the repairs obtains consent from the other responsible owners at each stage where costs are incurred. If any part of the property is rented, the landlord may also bear responsibility for necessary repairs.