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Construction Services
Access to Neighbouring Land – Construction
How a Property Lawyer Can Help You Get Access
In the construction industry, being able to access a neighbouring property can be important in your ability to complete a development. For instance, you might need to wholly or partially erect scaffolding on a neighbour’s land, or a crane may hang over your neighbour’s air space while works are being carried out.
Of course the initial approach would be to try to come to an agreement with the neighbour. This is always the best and necessary first step. Failing that, the Access to Neighbouring Land Act 2000 (NSW) governs the requirements for access to a neighbour’s land.
An experienced property lawyer can assist you throughout the process of gaining access to neighbouring land, whether that entails liaising with the neighbour directly, or applying to the Local Court for approval.
Legal Requirements for Obtaining Access
If one party needs access to a neighbour’s land, an application to the Local Court can be made to seek approval. Generally, the Court needs to be satisfied that:
- Access is required for the specified task;
- Reasonable efforts have been made to reach agreement with all parties whose consent is required; and
- Such an order is appropriate in all circumstances.
Where reasonable efforts have been made to reach an agreement with relevant parties, the Court must then consider the following:
- Whether the work can be carried out without access, or if it would be substantially difficult or more expensive to do so; and
- Whether granting access would cause “unreasonable hardship” to the party affected by it.
When Builders and Developers Require Access
Gavel & Page property lawyers can also assist builders or developers who require access to a neighbour’s property for the purpose of making a proper assessment. We help them obtain the desired outcome quickly and effectively, as such disputes can delay projects significantly.
When preparing an application for access or providing advice as to the best way forward, we generally discuss the following:
- What discussions or attempts to come to an agreement have been made?
- Was monetary compensation or other offers, such as adequate insurances, extended to the party?
- Why is access needed and are there any alternate options?
- What is the impact of doing the work in other ways, both in time and cost?
Testimonials
Gavel & Page Lawyers are now our “go to” firm for any contract or property related transactions. They were referred by a family friend and we were not disappointed. They reviewed all the documents and advised us on all the issues surrounding our purchase of a commercial property, ensuring the transaction ran smoothly and relieving a lot of the stress involved They also reviewed, drafted and settled commercial terms which were fundamental to our business. They explained the terms in a way that helped us understand their implications and significance which was of great benefit. A pleasure to deal with, down-to-earth, reliable, efficient and competent. Great job! Highly recommended!
Joe, just wanted to take a moment to show my appreciation to yourself and Merlyn for the ongoing 6-star service that you provide myself and my clients. The dedication, reliability, timeliness and quality of your service is what gives me the confidence in knowing that any client that I refer to you will be nurtured, respected and satisfied that they are dealing with a professional team that gets the job done. Love your work.
Since the time I first contacted Joseph and his specialist team, the high standard, level of professionalism, promptness and high value expertise enjoyed when engaging Gavel & Page Lawyers has proven of immense benefit. Joe and his Team have proven invaluable without compromise, time and time again, that it pays to have the right legal advisor on your side.
Joseph, we would like to thank you for your help with the purchase of our property. We were required to complete the sale quickly and your efficient and professional work helped completing the transaction within the tight time frame. We do not hesitate to recommend your service to our friends.
