Access Licences are a common service undertaken here at Stokemont. We know this can be a confusing and concerning time for any neighbouring owner, we thought we’d offer you a guide on dealing with your neighbour’s request to access to your land, what’s allowed, what isn’t and where you stand.
When to say No
You can say No to access if the proposals are for a new development. After all it is your land and your choice how it is used. The Court does not grant Access Order to any new development plan.
When to say Yes
Your neighbour should state in writing the work, what access they require and compensation to you for any damage occurs. If it is just for basic preservation and maintenance work, even if you reject, they can apply for an Access Order at Court.
Before stating this response, I would advise speaking with an experienced Surveyor. They will be able to guide you through the process, response and reasonings.
Trespassing after Rejecting Access
It’s rare, but it does happen. If after you have rejected the neighbour’s request to access in writing, and they decide to trespass on your land to move on with the work they want to do, collect evidence of them trespassing in the form of photograph and/or security camera footage and give them to the Police. This can also be reported as anti-social behaviour to your local borough.
I would also advise speaking with a Surveyor at the first opportunity. They will be able to advise of the best course of action.
Access Licences will ensure that all issues are ironed out in advance of the a contractor ever setting foot on your land. The aim of any good licence should be to compensate the neighbour for the lack of enjoyment to their space, while also ensuring the protective measures are as robust as they can be.
If you’d like to discuss your access licence requirements, give us a shout now. We’d be more than happy to advise.
