Access to Neighbouring Land Act 1992
| Jurisdiction | UK Non-devolved |
who, for the purpose of carrying out works to any land (the “dominant land”) , desires to enter upon any adjoining or adjacent land (the “servient land”) , andwho needs, but does not have, the consent of some other person to that entry,that the works are reasonably necessary for the preservation of the whole or any part of the dominant land; andthat they cannot be carried out, or would be substantially more difficult to carry out, without entry upon the servient land;the respondent or any other person would suffer interference with, or disturbance of, his use or enjoyment of the servient land, orthe respondent, or any other person (whether of full age or capacity or not) in occupation of the whole or any part of the servient land, would suffer hardship,the maintenance, repair or renewal of any part of a building or other structure comprised in, or situate on, the dominant land;the clearance, repair or renewal of any drain, sewer, pipe or cable so comprised or situate;the treatment, cutting back, felling, removal or replacement of any hedge, tree, shrub or other growing thing which is so comprised and which is, or is in danger of becoming, damaged, diseased, dangerous, insecurely rooted or dead;the filling in, or clearance, of any ditch so comprised;the making of some alteration, adjustment or improvement to the land, orthe demolition of the whole or any part of a building or structure comprised in or situate upon the land.(6) Where any works are reasonably necessary for the preservation of the whole or any part of the dominant land, the doing to the dominant land of anything which is requisite for, incidental to, or consequential on, the carrying out of those works shall be treated for the purposes of this Act as the carrying out of works which are reasonably necessary for the preservation of that land; and references in this Act to works, or to the carrying out of works, shall be construed accordingly.for the purpose of ascertaining whether any works may be reasonably necessary for the preservation of the whole or any part of that land,for the purpose of making any map or plan, or ascertaining the course of any drain, sewer, pipe or cable, in preparation for, or otherwise in connection with, the carrying out of works which are so reasonably necessary, orotherwise in connection with the carrying out of any such works,the works to the dominant land that may be carried out by entering upon the servient land in pursuance of the order;the particular area of servient land that may be entered upon by virtue of the order for the purpose of carrying out those works to the dominant land; andthe date on which, or the period during which, the land may be so entered upon;any loss, damage, or injury which might otherwise be caused to the respondent or any other person by reason of the entry authorised by the order; orany inconvenience or loss of privacy that might otherwise be so caused to the respondent or any other person.the manner in which the specified works are to be carried out;the days on which, and the hours between which, the work involved may be executed;the persons who may undertake the carrying out of the specified works or enter upon the servient land under or by virtue of the order;the taking of any such precautions by the applicant as may be specified in the order.any loss, damage or injury, orany substantial loss of privacy or other substantial inconvenience,requiring the applicant to secure that he, or such person connected with him as may be specified in the order, is insured against any such risks as may be so specified; orrequiring such a record to be made of the condition of the servient land, or of such part of it as may be so specified, as the court may consider expedient with a view to facilitating the determination of any question that may arise concerning damage to that land.the likely financial advantage of the order to the applicant and any persons connected with him; andthe degree of inconvenience likely to be caused to the respondent or any other person by the entry;which consists of or includes the
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