Gaining Access to Neighbouring Land for Drainage Repairs

In general, owners of properties that drain into drains and private sewers will be responsible for maintaining that pipework, even if the pipes run through another's land. The Council has a legal right to enter premises but these powers are only available to local authority officers and contractors if, for instance, they are forced to step in to carry out remedial works where owners have not complied with drainage notices.

The Informal Approach

It is always important to keep on good terms with your neighbours. Take the trouble to explain to your neighbour the problem you are experiencing and try to enlist their help in trying to solve it, even if the drainage defect does not affect them directly. As far as possible, try to fit in with their schedule and respond to all reasonable requests about how and when the works are to proceed.

Professional mediation services can sometimes help if a difficult dispute arises but this procedure relies on the participation and cooperation of both parties.

Using the law to secure access

It is possible that there is already a right of entry to neighbouring property, specifically for the purposes of inspection or repair under the property's title documents or lease. Specifically, title deeds may well contain a right to go onto your neighbour's land to maintain drains, pipes and wires, particularly if yours is a house on a new estate.

If there is no such right, or no agreement can be reached, use can be made of the Access to Neighbouring Land Act 1992. This allows a person to apply to the county court for an access order allowing them to enter the neighbour's land to carry out repairs. There is a fee for the application.

Written notification must be given to the next-door owner and it is enforceable by Court Order if access is denied.

When applying for an access order a person must show that:

• the work is reasonably necessary for the preservation of all or part of his/her property/land; and
• the work cannot be done, or it would be substantially more difficult to do the work, if the person cannot get access to the neighbour's land.

Access will be granted to carry out 'basic preservation work', which includes:

• maintenance, repair or renewal of any part of a structure or building on the land/property
• repair, clearance or renewal of drains, sewers, pipes or cables
• work to trees and other growing things, which are insecurely rooted, dead or in danger of becoming damaged, diseased or dangerous.

Access may also be granted to carry out alterations, improvements and demolition work that are incidental to the preservation work. Permission may, in addition, be given for any other work that is reasonably necessary in order to carry out the main preservation work.

The Act does not apply to party walls, which are the subject of separate legislation.

PLEASE NOTE: These notes are not intended to be a definitive guide to the law. Where appropriate, independent legal advice should be sought.