A request for access may
be refused if the court is satisfied
that your neighbour would suffer unacceptable interference or disturbance in their use or enjoyment of their land or some other form of undue hardship.
Do I have to give my Neighbour access to my property?
Often it is vital for one neighbour to go on to the land of another to carry out repairs to their own property. Accordingly, there is a legal right that allows this under the Access to Neighbouring Land Act 1992. Generally, if you go onto your neighbour's land without their permission,
you are trespassing
.
Can I stop my Neighbour coming onto my property?
An injunction
is useful as it requires the trespasser to stop the trespass. Therefore an injunction could be obtained to require your neighbour to remove the foundations. However, an injunction is awarded at the discretion of the court and they may make award damages instead.
Does my Neighbour have right of way through my garden?
Your tenant doesn't have the right to grant a right of way
, but if the neighbour has being using your garden for long enough (probably in excess of 10 years but it will depend on the facts) and has been doing it openly (eg your tenant and everyone around can see him using the garden) then he could argue that he has …
Can my Neighbour access my land to build an extension?
Even if your neighbour has planning permission to build a structure, if any part of it has to be carried out on from your land, they still
need your permission to access
your garden to build it even after they have submitted a planning application.
Can a Neighbour erect scaffolding on my property?
In a nutshell
as long as adequate notice is given
, a neighbour can erect scaffolding on your property (and vice versa) as long as permission is given and the repairs are deemed essential.
Can my Neighbour build up to my boundary?
In general,
your neighbour only has the right to build up to the boundary line (line of junction) between the two properties
but there are circumstances when they can legitimately build on your land. You can give consent for them to build a new party wall and foundations on your land.
Does my Neighbour have to give my ball back?
If balls regularly come into your garden,
you are obliged to give the ball back
(either throw it back over or keep it safe to give to the owner when you next see them). If a child simply climbs into the garden to get it themselves however, it can cause further damage and is also trespass.
Can a Neighbour come into my garden without permission?
Generally speaking,
your neighbour should not go onto your land without your permission
. There are some situations where they may be able to access your land in order to complete repairs to their property, and their right to do this may be set out in the title deeds for the home.
How close can my Neighbour build to my boundary?
How close to my boundary can my Neighbour build? Single story extensions to the side of your property
to be no more than four meters in height
and no wider than half the original size of the property. For those building a double extension on their property, you cannot go closer than seven meters to the boundary.
What is reasonable access to a property?
Reasonable access means an
access connection that is suitable for the existing and/or proposed property use
and does not adversely affect the safety, operations or main- tenance of the state highway system.
What is the difference between right of way and right of access?
A public right of way, however, can
only be a right of access
. Another distinction is that a right of way has to be a specified route or path which is defined as leading in a line from point A to point B. Both points A and B must be public places (such as other public roads or pathways).
Can you block off a public footpath?
Obstructing a public right of way is a criminal offence. The highway authority has the right to
demand you remove any obstruction you cause
. If you don't, the highway authority can remove the obstruction and recover the cost from you.
Can I refuse access to my land?
A request for access may be
refused if the court is satisfied
that your neighbour would suffer unacceptable interference or disturbance in their use or enjoyment of their land or some other form of undue hardship.
Do you have to notify Neighbours permission for extension?
The technical term for this is called
serving notice
. In short if you want to make your home bigger and are attached to (or are in close proximity to) another property, you will most likely need to notify the neighbour(s) about your extension.
What is the 45 degree rule?
The 45-degree rule is a common guideline used by
local planning authorities to determine the impact from a housing development proposal on sunlight and daylight to the neighbouring properties
. In reverse, the sun is higher during summer and our days are longer. …
