How Access Orders can help property owners and developers when neighbours refuse consent to access

If you are a property developer or owner looking to carry out a building project, such as structural repairs or redevelopment, it is likely you will require access to your neighbour’s property during the works.

However, what happens in the event your neighbours are unwilling to grant consent to access their land?  In this scenario, The Access to Neighbouring Land Act 1992 (“the Act”) can be an invaluable tool. The Act contains a statutory mechanism which provides a route to obtain a Court-authorised right to entry.

What is The Access to Neighbouring Land Act 1992?

The Act allows for a property owner to apply to Court for an “access order” where the intended works are reasonably necessary for the ‘preservation’ of their own land.

Preservation includes repair, maintenance and renewal works and can also extend to substantial remedial works, when deemed necessary to address deterioration or structural risk. Furthermore, the Court must be satisfied that the works cannot be completed, or would be materially more burdensome, without access.

However, even if the above all applies, the Court still retains discretion. It may refuse to grant an access order if doing so would unreasonably interfere with the neighbour’s use or enjoyment of their land or would impose undue hardship. Even when access is granted, a fee is commonly required along with an indemnity for any loss or damage. The Court can also impose strict terms to the access including time, safety measures and extent of entry.

The Access to Neighbouring Land Act 1992 in practice: Trident House Development Ltd v Yousaf [2025]

The High Court Decision in early 2025 in the case of Trident House Development Ltd v Yousaf [2025] is a clear demonstration of the Act in practice.

In this case, Trident House, the developer, acquired a disused warehouse for redevelopment. Mr Yousaf, owned a neighbouring plot of land which was used as a car park. A boundary wall abutting the car park was found to be unsafe, requiring complete demolition and rebuilding. Expert evidence established these works were essential to preserve the building and could not be carried out safely without entering the adjoining car park.

Trident wanted to erect an entirely new wall and had planning permission to include windows within it. Mr Yousaf refused entry to Trident House onto his land and interfered and caused  a nuisance. He argued that the new wall with windows would negatively impact his ability to redevelop his own site and went onto to begin making his own additions to the wall.

Trident applied for an injunction compelling Mr Yousaf to remove his additions and sought damages, as well as an access order.

The Court found that the works fell squarely within the definition of preservation works and that access was necessary. An order was therefore granted, supplemented by a detailed access protocol covering plant movements, safety management and defined working zones. The court also granted an injunction requiring Mr Yousaf to remove his additions to the wall, although the application for damages failed.

The court also considered the financial element of the access order and concluded it was fair and reasonable to pay Mr Yousaf £3,500.

Practical takeaways for property developers and owners

• Applicants to the Court seeking an access order must demonstrate a genuine need for access, supported by appropriate evidence.
• Neighbours should assess the potential impact of any proposed works carefully but avoid conduct that could be viewed as obstructive.
• Early dialogue and a well-prepared access protocol (such as details covering the movement of plant materials, safety management and defined working zones) will often influence the court’s discretion.

The Hamlins Real Estate Disputes team has expertise in both commercial and residential matters. We seek to obtain the best outcome possible for every client, no matter how big or small the issue may be. If you would like a conversation to find out how we might help you, please get in touch.