Urban development regularly entails building close to, or directly adjacent to, boundaries. Access to neighbouring properties for building purposes is granted under certain conditions by the Access to Neighbouring Land Act 1992 and the Party Wall etc. Act 1996.
However, the benefits of these statutes are limited. Access to oversail with cranes and erect scaffolding and hoardings will, unless previously agreed and documented, require the express consent of the adjoining owner.
A diplomatic approach is required to secure the necessary Access Agreements.
Our service, for developers, designers and neighbours includes:
Liaising with other members of the project team; obtaining copies of legal information and identifying any existing access rights and rights of way
Reviewing the development proposals and advising on the likely access issues
Researching and identifying the relevant interests in the adjoining properties
Preparing Access Agreements and negotiating with adjoining owners and their advisors; liaising with clients' lawyers
Advising on the extent of schedules of condition, and their preparation and agreement
Resolving any damage issues with the neighbours and their advisors
GL Hearn's knowledge of the legal and technical issues arising from the full range of Neighbourly Matters allows us to advise our clients on both a strategic and practical level. Our negotiating skills and proactive approach facilitates the effective management and prompt resolution of access issues