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Replies

• 

  pete December 26, 2009 at 2:12pm

  Hi Julius, – how did you get on?
  
  Access to Neighbouring Land Act 1992
  This gives limited right of access to a neighbours garden/land to carry out "basic preservation works". Until this Act was passed, adjoining owners had virtually no right to go onto their neighbour's land under any circumstances unless it was contained in the Title Deeds. The Title Deeds may well contain a right to go onto your neighbour's land to maintain e.g. drains, pipes and wires particularly if your is a house on a new estate. The right given by the Act has strict rules attached to it. Written notification must be given to the next door garden owner and it is enforceable by Court Order if access is denied.
  
  What does "basic preservation works include"? In the case of gardens:
  
  "the clearance, repair or renewal of any drain, sewer, pipe or cable so comprised or situate;
  the treatment, cutting back, felling, removal or replacement of any hedge, tree, shrub or other growing thing which is so comprised and which is, or is in danger of becoming, damaged, diseased, dangerous, insecurely rooted of dead; filling in, or clearance of any ditch ……."
  
  It should be noted that the Act does apply to party walls.
  
  more...
  
  For access to the Act click on the following link:
  
  http://www.legislation.hmso.gov.uk/acts/acts1992/Ukpga_19920023_en_...
• 

  Kieran Ray December 28, 2009 at 5:34pm

  That applies to if their tree overhangs your own land, not the other way around.
  
  Dan Tarleton MSc, BSc (Hons) said:

  The law says if a neighbour's tree or hedge encrouches onto your land then inform the neighbour to trim it back off of your land. If he does not, then you can trim it back yourself and return to HIM or Her the trimmings. Sorted.
• 

  GORDON December 28, 2009 at 6:51pm

  If you want to be pedantic about it. I believe you should "offer" the removed material back to the neighbour.
  That is, you should not just dispose of the material back onto your neighbours property without asking if he or she requires it.
  I suppose in theory you could have removed masses amount of growth without notice then expect them to store or dispose of it without them having the space or means to do so. Also damage to property or injury caused (tripping over a branch etc) could become an issue.
  
  Not entirely sure about this, its something I always understood to apply.
  
  Dan Tarleton MSc, BSc (Hons) said:

  The law says if a neighbour's tree or hedge encrouches onto your land then inform the neighbour to trim it back off of your land. If he does not, then you can trim it back yourself and return to HIM or Her the trimmings. Sorted.
• 

  Sustainable Land Management December 28, 2009 at 7:48pm

  The legal position as per the 1992 Act is only applicable in proceedure IF there has been a discussion with the neighbours about the issue in question. As per many of the regulations regarding access, it is pointless to quote legal jargon to another until there is a proven lack of progress in negotiation or when it is impossible to alert the neighbours in time.
  
  There is a really important point in so far that if the work carried out on encroaching vegetation takes place without the neighbours permission and the work is carried out to a point beyond the boundary on the neighbours side - this is criminal damage and a much more serious offence.
• 

  pete December 28, 2009 at 8:10pm

  CSL - that's why this act of 1992 was brought about wasn't it – for dumb neighbours (sorry, I've dealt with a few) that couldn't work it out between themselves.
  
  Gordon said – “I believe you should "offer" the removed material back to the neighbour”
  
  That's right but what I found out only recently is... that if the neighbour does not want it they do not have to take it - and you have to do something else with it.
• 

  pete December 29, 2009 at 4:49pm

  Not what Julius originally asked but I was trying to find out about overhanging branches on the gardenlaw.co.uk site (before I found LJN) that might be of interest – the issues are pretty much cleared up on the first page.
• 

  Sustainable Land Management December 29, 2009 at 11:54pm

  Absolutely - am always staggered by some of the situations neighbours get themselves into, unfortunately in reality the law is a little lame if taken through and it is reliant on the contractors just to proceed with the best interpretation that they can. Great links by the way Pete, thanks really useful.
  
  pete said:

  CSL - that's why this act of 1992 was brought about wasn't it – for dumb neighbours (sorry, I've dealt with a few) that couldn't work it out between themselves.
  
  Gordon said – “I believe you should "offer" the removed material back to the neighbour”
  
  That's right but what I found out only recently is... that if the neighbour does not want it they do not have to take it - and you have to do something else with it.
• 

  Julius Bell January 3, 2010 at 6:43pm

  Thanks very much for the info ! However the customer and another neighbour who also is involved here have not been able to decide who is going to pay what to whom so...... nothing has happened !!
  Thanks again for the input.
  
  pete said:

  Hi Julius, – how did you get on?
  
  Access to Neighbouring Land Act 1992
  This gives limited right of access to a neighbours garden/land to carry out "basic preservation works". Until this Act was passed, adjoining owners had virtually no right to go onto their neighbour's land under any circumstances unless it was contained in the Title Deeds. The Title Deeds may well contain a right to go onto your neighbour's land to maintain e.g. drains, pipes and wires particularly if your is a house on a new estate. The right given by the Act has strict rules attached to it. Written notification must be given to the next door garden owner and it is enforceable by Court Order if access is denied.
  
  What does "basic preservation works include"? In the case of gardens:
  
  "the clearance, repair or renewal of any drain, sewer, pipe or cable so comprised or situate;
  the treatment, cutting back, felling, removal or replacement of any hedge, tree, shrub or other growing thing which is so comprised and which is, or is in danger of becoming, damaged, diseased, dangerous, insecurely rooted of dead; filling in, or clearance of any ditch ……."
  
  It should be noted that the Act does apply to party walls.
  
  more...
  
  For access to the Act click on the following link:
  
  http://www.legislation.hmso.gov.uk/acts/acts1992/Ukpga_19920023_en_...