Scott Surveying provides an independent view on boundary and land disputes.
Disputes over the whereabouts of the legal boundary in relation to a fence, a wall or a hedge can be stressful and time consuming. We will bring an independent and objective viewpoint to proceedings by providing advice and guidance on the position of boundaries.
We provide you with the technical aspects of the boundary dispute and set out the facts that will help you, your legal team and the courts, while safeguarding your interests.
Resolving boundary disputes are complex and technical.
Access to Neighbouring Land Act 1992
The operation of the 1992 Act depends on the courts (unlike the Party Wall etc. Act 1996, which is managed by surveyors)
Where express or implied rights of entry do not exist an owner or occupier of land can apply to the court under the 1992 Act where he needs to carry out “basic preservation works” to his property in circumstances where they cannot be carried out, or it would be substantially more difficult to carry them out, without entry upon adjacent or adjoining land.
Access will only be granted for maintenance or repair, not for new buildings, and may be subject to strict conditions as to time and other matters. In addition, in non-domestic cases you may have to pay the adjoining owner handsomely for the privilege.
If you have asked for permission to go on to your neighbour’s land and have been refused, you may seek consent from the courts.
We provide advice and guidance for land and boundary disputes, and will set out the facts for ‘access order’ proceedings. Access order applications are made to the County court.