Access to Neighbouring Land Act 1992

The Access to Neighbouring Land Act 1992 was put in place 30 years ago to allow landowners to obtain access to a neighbouring property, if it is necessary to carry out remedial works to their own property/land. An example of this would be if a landowner required access to adjoining land, which they would not otherwise have access to, to erect scaffolding on their own property.

Landowners should first attempt to request access from their neighbour by consent, and if the neighbour agrees to grant access, this is known as a licence. An application should be made to the Court for an Access Order in circumstances where a neighbour does not agree to grant access.

A Judge will usually grant an Order permitting access if:

• The work being carried out is reasonably necessary to preserve the land. The Court will usually grant an Order for access if repairs are required, however, the Act does not cater for new building works etc.
• The planned work would be impossible or substantially more difficult to carry out if access to the land was denied.
• The permitted access would not cause an unreasonable interference with the rights of the landowner subject to the Order.

Access to Neighbouring Land Act 1992 Compensation

In some circumstances, the Applicant may be ordered to pay the Respondent for reasonable charges incurred as compensation for the granting of any Access Order. In the case of Prime London Holdings 11 Ltd v Thurloe Lodge Ltd [2022] EWHC 303 (Ch), the Defendant, who was also completing works on their own property, had denied access to their neighbour for redeveloping an adjacent property. The Claimant was granted an Order for access under the Access to Neighbouring Land Act 1992 however, compensation was to be awarded to the Defendant pursuant to s.2(5) of the Access to Neighbouring Land Act 1992 for:

(i) additional costs in managing its own rebuilding project;

(ii) delay to its own building project;

(iii) the delay in its ability to monetise its investment in the building;

(iv) damage to its property; and

(v) substantial loss of privacy or other substantial inconvenience.

Access to Neighbouring Land Act 1992 Costs (ANLA 1992) Granted to a Successful Party

If an adjoining neighbour refuses access to their property, and the Court later grants access to the Applicant, an Order for costs may be granted in favour of the Applicant/Claimant. Similarly, if access to the property is denied by the Court, the successful Respondent/Defendant may be entitled to claim their costs under CPR 44.2.

Practice Direction 56 11.1- 56 11.3 requires the successful party to use the Part 8 procedure when commencing a claim under the ANLA 1992, and also for claiming costs. As a consequence of the Part 8 procedure being utilised, this means that the claim is automatically allocated to the Multi Track by default, and standard costs will therefore apply.

Claiming Legal Costs as a Successful Party

If you are successful at Court, as a Defendant or Claimant, for a case under the Access to Neighbouring Land Act 1992, costs will likely be awarded in your favour.

To claim legal costs, the successful party will be required initiate the process of detailed assessment. To initiate the process, the Receiving Party will be required to serve their Notice of Commencement of Detailed Assessment alongside their bill of costs. The bill of costs should be expertly drafted, bearing in mind proportionality and reasonability to avoid scrutiny by the Court.

When the Paying Party receives the Notice of Commencement and bill of costs, they will have 21 days to respond by submitting Points of Dispute, if they do not agree with all costs listed within the bill of costs. If points of dispute are not submitted within 21 days, the Receiving Party can apply to the Court for a Default Costs Certificate which entitles them to the full costs listed within the bill of costs.

Upon receipt of any Points of Dispute, the Receiving Party can further negotiate costs or if agreement cannot be reached, responses to legal arguments raised can be addressed in Points of Reply. If an agreement as to costs cannot be negotiated, the Receiving Party should apply for a Detailed Assessment Hearing to have a decision as to costs made by the Court.

How can ARC Costs Assist with Costs Claimed Under ANLA 1992?

ARC Costs are an independent group of costs experts that can assist either Paying or Receiving Parties, to minimise/maximise the costs recovery.  We regularly provide expert legal advice and assistance on claiming and negotiating Access to Neighbouring Land Act 1992 costs. Our team of Costs Draftsmen and Costs Lawyers have many years of experience in assisting both paying and receiving parties in all areas of legal costs.

If you wish to speak to a member of our costs team, please contact us at info@arccosts.co.uk, 01204 397302, or by filling in the form at the top of the page.

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