Rights of Access Disputes

Child & Child are renowned industry experts in the field of rights of access. It is important if you are involved in a rights of access dispute that you instruct a rights of access solicitor with experience and knowledge of what is a very technical and fact-specific area of law.

Child & Child specialise in resolving rights of access disputes through informal negotiation, mediation, expert determination or, only where necessary, court proceedings. We have a number of rights of access solicitors with specialist training and years of practical experience in this highly specialist area.

There are various options available to determine a rights of access dispute and we will always try and provide the most cost effective and conciliatory solution in what can be a very emotive area of the law.

We have successfully obtained and defended numerous orders for rights of access to adjoining property under the Access to Neighbouring Land Act 1992, including fully contested trials.

If your neighbour has erected scaffolding on your land without your permission this is likely to be a trespass and you may be entitled to seek an injunction to have the scaffolding removed.

If a neighbouring developer is using a crane that is oversailing your property this is also likely to be a trespass and you may be entitled to seek an injunction to prevent the crane from entering your airspace.

Child and Child are experts at securing injunctions to prevent trespasses of this nature. We are also regularly instructed to assist developers and private clients with the negotiating, drafting and executing of oversailing licences and scaffold licences.