Neighbouring Land Access

Do you require access to adjoining or adjacent land?

Is your building built right up against, or close to the boundary between your property and your neighbour’s property? Do you need neighbouring land access?

To do any repairs or maintenance would you need to enter the neighbours land?

If the answer is yes, than you’ll need a neighbouring land access order to enable you to enter the neighbours land and carry out any maintenance or repairs to your property.

Did you know that the law states to enter your neighbour’s land without your neighbour’s consent would constitute as trespassing.

Access onto adjoining property is commonly sought for construction purposes, referred to as neighbouring land access. This includes: 

  • Installing rock anchors beneath the adjoining property
  • Erecting scaffolding 
  • Hoarding on the boundary of sites
  • A crane swing over the airspace of the adjoining property
  • Drainage, electricity and roads

Avoid Neighbouring Land Access Disputes

We can help you minimise the risk with a formal agreement.

Where the access is critical for the project, it is preferable for there to be a written agreement between the parties setting out the terms of the agreement and the obligations of each party. 

Having a formal agreement in place can minimise the risk of the neighbouring land access consent being withdrawn. 

An order will help avoid any disputes during the time of access or once the access is no longer needed.  

Examples of issues which can be addressed in any such access agreements include:

  • Restrictions on how the access is able to be exercised
  • Times during which neighbouring land access is to be granted
  • The manner in which neighbouring land access is to be granted
  • Action to be taken in order to avoid unnecessary damage to the adjoining property

Contact Us

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.