In this week’s Property Surveying Blogpost, we are going to be discussing Access Licences, and the types of premiums that can be requested, should the Adjoining Owner wish to charge the Building Owner for the temporary access.
This is by far one of the most common questions we are asked when taking Access Licence enquiries, and the answer is a simple one, the Adjoining Owner has the legal right to request any sum of money that they wish for the temporary access from the Building Owner.
It is worth noting and taking into account, that the sum of money requested does not need to be based off any form of logic, reasoning or calculation, and can in fact be an arbitrary figure that the Adjoining Owner indeed sees fit.
This can place significant issue and strain to the Access Licence Agreement, as ultimately the Building Owner may be in a position whereby they cannot afford the requested premium, or are uncomfortable paying the level of the premium in the first place.
Unfortunately, there is nothing a Building Owner can do in this instance, as the access is very much a civil contract, Owner to Owner, thereby temporarily allowing the Building Owner the legal right of access onto the Adjoining Owner’s land, for the purpose of undertaking their proposed construction works.
Here at Stokemont, we have seen Access Licences that have dealt with premiums in their hundreds, to premiums that are in the hundreds of thousands. For this reason, we would strongly advise that any Access Licence discussions commence at the earliest possible opportunity, thereby ensuring that the considerations and discussions, are well-considered and in place, well in advance of the proposed works commencing.
Access Licences are becoming a more and more common type of surveying service that we provide here at Stokemont. If you would like to discuss a potential access matter with our team of qualified and experienced Surveyors, give us a call now, and we will be more than happy to assist you.
