To do repairs or maintenance, you should enter the neighboring country? If the answer is yes, you need an access to neighbouring land arrangement to enter the neighbouring country and carry out maintenance or repair work on your land. Unlike a supply mission, a neighbouring land access provision allows access to adjacent land only to carry out work on your land. The order of access to utilities is broader in the application, because if you have the right to use a public utility (or proposed utility) and you need access to the adjacent land that the Provident Service performs for utility-related work, you can request a utility access mission. If access is essential for the project, it is preferable that a written agreement be reached between the parties, specifying the terms of the agreement and the obligations of each party. If the Party Walls Act is not applicable, the Access Act allows a landowner to apply to the court for an „access order“ to allow access to land of a neighbour who has refused access to the land, and the work is reasonably necessary for the maintenance of the landowner`s land, and the work cannot be done or would be much more difficult. access to neighbouring land is not granted. When making an access decision, the Court sets strict conditions for the hours of work, the details of the work to be carried out, the schedule of the work and the compensation to be paid to the neighbour. The great restriction of the access law lies in the fact that access must be necessary for maintenance work such as the maintenance or repair of structures, service supports, hedges or shrubs, etc. „Conservation“ does not include improvements, so the access law will not be adapted to many elements of major developments. If you discover for the first time that you may need access to neighbouring land, you should consider your options if negotiations fail, so that your negotiations are based on the criteria you need to meet to obtain a facilitation or access arrangement. The early inclusion of an evaluator in negotiations can be useful when the matter is brought to court and evidence becomes important for all offers and the relevance of these offers.
None of our experienced commercial real estate lawyers have ever been asked to prepare an application to the court to apply for an access order. This may indicate that, in some cases where the law applies, the threat to the neighbouring owner of an application is sufficient to ensure that access is granted – and in other cases, that the owners do not know their rights under the law. The Court has the right to refuse an access order if it is satisfied that the neighbour would suffer a disturbance or disruption in his use of the land or that a person in the occupation would encounter difficulties to such an extent that an order would be inappropriate. If the Party Walls Act is not applicable to the territory concerned, the Access to Neighbouring Land Act of 1992 („Law“) may provide assistance. The law provides that if the owner of the neighbouring land does not agree to grant access to the necessary repair or maintenance work, the law allows an owner to apply to the Court for an „access order“ to allow access where the construction work is reasonably related to the maintenance of the land and the work cannot be done. , or would be much more difficult if access to neighbouring land was not granted.