Property owners who require access to neighbouring property for the purposes of carrying out works may have various rights of access depending upon the circumstances. These rights might be pursuant to:
- The Party Wall etc. Act 1996
- The Access to Neighbouring Land Act 1992
- Common law e.g. by the operation of prescriptive rights of access
- Contractual agreement, e.g. by way of a scaffold licence or oversailing licence
- An easement
If you require access to your neighbour’s land and they refuse to grant you access by consent, or if you believe somebody is trespassing on your land without the appropriate rights of access to do so you should consult a rights of access solicitor to explore your options.
Child & Child have a number of specialist rights of access solicitors with wide experience of court proceedings involving rights of access disputes, from numerous trials of domestic and commercial rights of access disputes in the county court to complex cases involving trials in the Chancery Division of the High Court and appeals to the Court of Appeal.