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How to access a neighbour's property for your renovations

Property Law News | July 2016

If you are renovating and require access to your neighbour’s land for your works but it is not forthcoming, then you might like to consider making an Application to the Local Court under the Access to Neighbouring Land Act 2000 (NSW). Section 7 of the Act allows you to make an application if you are carrying out work on your own land and require access to the neighbouring property for the purposes of carrying out the work.

Any such Application must be served on your neighbour 21 days before you are able to file it in the Local Court. If you do not receive a response to the Application from your neighbour within that time then you can file the Application in the Local Court. Once your Application has been filed the Court will consider whether or not to grant the order.

If the order is granted by the Court your neighbour will then be required to permit you access to their property in accordance with the terms of the order so that you or your tradesmen can finish the works.

Alternatively, if you are on the receiving end of such an order you can appeal the decision to the Land and Environment Court within 30 days of the date of the decision.

It is worth noting that the Application itself can be used as a negotiating tool to try and get your neighbour to discuss the terms on which they will permit you to access their property prior to the need to file the Application in the Local Court, in which case you may consider formalising the terms in a Deed or Agreement which can be signed by both you and your neighbour.

If you wish to discuss any matters relating to orders or property please contact us at Forum Law Solicitors for a free 30-minute discussion on (02) 9560 3388 or in our friendly and professional office in Leichhardt where parking for clients is free.

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