New Trial

I am preparing for a trial at the moment which is an application under the Access to Neighbouring Land Act. I don't think there are many precedents as most neighbours agree about access in the end rather than let the judge decide.

The Access to Neighbouring Land Act 1992 provides that where a landowner reasonably needs to carry out certain types of work to his property, but cannot do so without obtaining access over neighbouring land and lacks the right to exercise such access or the consent of the owner, he may apply to the court for an order (known as an "Access Order") permitting him, subject to such terms and conditions as the court may impose, to exercise the necessary access. The court will need to be satisfied: -

i) that the work is reasonably necessary for the preservation of the whole or part of the Applicant's land

ii) that the works cannot be carried out or would be substantially more difficult to carry out without an Access Order

iii) That an Access Order will not constitute an unreasonable interference or disturbance or hardship to the rights of the neighbouring owner

(reference Section 1(2) and Section 1(3) of the Act).