Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Access to neighbouring Land Act 1992

Access to neighbouring Land Act 1992

Postby theycantdothat » Wed Oct 07, 2015 8:16 am

If the applicant is successful in obtaining an order does it follow that the respondent has to pay costs? There is no right of access until an order is made and therefore the respondent does no wrong by refusing to allow access before the order is made.
theycantdothat
 
Posts: 1129
Joined: Fri Nov 02, 2012 7:36 pm

Re: Access to neighbouring Land Act 1992

Postby atticus » Wed Oct 07, 2015 8:30 am

The Court can impose terms, including as to payment by the applicant of compensation for the access to the land. It's in the Act, I think s2.


ETA: yes, it is s2: http://www.legislation.gov.uk/ukpga/1992/23/section/2. See all the way down to sub-section (9).
User avatar
atticus
 
Posts: 19523
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Access to neighbouring Land Act 1992

Postby theycantdothat » Wed Oct 07, 2015 9:41 am

Section 2(9)(a) seems to allow for the possibility that the respondent can claim costs.
theycantdothat
 
Posts: 1129
Joined: Fri Nov 02, 2012 7:36 pm

Re: Access to neighbouring Land Act 1992

Postby atticus » Wed Oct 07, 2015 9:49 am

yep
User avatar
atticus
 
Posts: 19523
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Access to neighbouring Land Act 1992

Postby theycantdothat » Wed Oct 07, 2015 2:40 pm

So, if you want access to someone's land and are confident the court will grant it under the Act, is there are mileage in telling the servient owner he will be liable for costs if he does not agree access?
theycantdothat
 
Posts: 1129
Joined: Fri Nov 02, 2012 7:36 pm

Re: Access to neighbouring Land Act 1992

Postby atticus » Wed Oct 07, 2015 3:31 pm

Provided you offer realistic terms. It may then be possible to criticise the rejection of those terms.
User avatar
atticus
 
Posts: 19523
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Access to neighbouring Land Act 1992

Postby theycantdothat » Sat Oct 10, 2015 12:20 pm

But the point is that without a court order unauthorised access is a trespass. Is the servient owner required to be reasonable? Surely he can decline to negotiate to allow what would otherwise be a tort. "Its no skin off his nose" is no argument. If a dominant owner can assume that an order will be granted that is tantamount to saying that he has the right before the court grants it and that the court merely confirms it.
theycantdothat
 
Posts: 1129
Joined: Fri Nov 02, 2012 7:36 pm

Re: Access to neighbouring Land Act 1992

Postby atticus » Sat Oct 10, 2015 2:28 pm

That is why you offer sensible terms. If the neighbour agrees, fine. If not, you apply to Court for your order. You then point out the terms that you offered, and you argue that your neighbour could have accepted those terms, and saved all concerned the cost etc.
User avatar
atticus
 
Posts: 19523
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W


Return to Costs

Who is online

Users browsing this forum: No registered users and 1 guest