Maintaining own property.

[homeowner]

We are renovating our new house in order to make it into a fit state in which to live. We need to render the outside of the property and to do this we must stand on our neighbour's land. This neighbour was friendly at first but suffers from depression and has now turned hostile. Do we need his permission to maintain our property or can we just write a letter informing him of when we will do it?

[zmudge]

If your neighbour flatly refuses to grant you permission to gain access to his land in order to carry out vital maintenance work to your own property, there are steps you can take to enforce a right of access. The Access to Neighbouring Land Act 1992 enables access to adjoining or adjacent land for the purpose of carrying out "basic preservation works" to one's own property. Basic preservation works include
(a) maintenance, repair or renewal of a building
(b) clearance, repair or renewal of a drain, sewer, pipe or cable
(c) filling in or clearing a ditch, and
(d) felling, removal or replacement of a tree, hedge or other plant that is dead, diseased, insecurely rooted or which is likely to be dangerous.
If you need to be granted right of access via the Act, proceedings must be commenced in the County Court. The Court will grant an Access Order if it is satisfied that the preservation works are
(a) reasonably necessary for the preservation of the relevant land or building, and
(b) that the works cannot be carried out, or would be very difficult to carry out, without entry onto the adjoining land.
The Court will refuse access if it considers this would cause hardship to the occupier or significantly interfere with their enjoyment of the land in question, and if scaffolding is required for your re-rendering you will have to give this a lot of thought. The Access Order will specify what work is to be carried out, when and where and will also provide for any loss or damage to the owner or occupier of the accessed land.