Right to access land
A boundary is a line that divides one area from another. Boundaries can be defined physically by coastlines, rivers, roads, walls, fences and lines painted on the ground, or they can have no manifestation other than on maps, plans, charts and legal documentation.
Boundaries are often the subject of disputes and may have perimeter security to prevent unauthorised access. Interference with a person’s right to the security of their body, property or land is trespass.
However, parties other than the owner of land may have rights to enter it, for example:
- An easement may entitle a person pedestrian or vehicular access across the land of another. This right can be in the form of a deed or may arise by implication or by long use. A right of way is a form of easement. For more information see: Right of way and Easement.
- A statutory bridleway (or bridle path) is a route over which the public has a right of way on horseback, leading a horse, on foot, or since 1968, on a pedal cycle. For more information see: Bridleway.
- A permissive path is a type of path which, whilst it is not a formal public right of way, the landowner nonetheless permits the public to use. For more information see: Permissive path.
- There is a public ‘right to roam’ over nearly all common land under the Countryside and Rights of Way Act 2000. For more information see: Countryside and Rights of Way Act 2000.
- Construction often necessitate accessing the land of a neighbour. This must be done with permission (unless a right exists) which will usually be in the form of a temporary licence, perhaps in return for payment. However, even where someone is lawfully on land, they may still commit trespass if they exceed their rights or the permission that has been granted.
- The Party Wall Act allows access to adjoining property for the purposes of carrying out works under the Act whether or not the adjoining owner gives permission, however they must be given 14 days notice. For more information see: Party Wall Act.
- A neighbour may have the right to apply to access adjoining land to carry out basic preservation work under the Access to Neighbouring Land Act 1992.
- Wayleaves create a right of way to transport minerals extracted from land over another’s land, or to lay pipes or cables over or under another’s land. For more information see: Wayleaves.
- Profits à prendreare are rights to take produce from another’s land, such as to extract minerals.
See also: Right of entry.
[edit] Related articles on Designing Buildings Wiki
- Access to Neighbouring Land Act 1992.
- Boundary.
- Bridleway.
- Common land.
- Easement.
- Land.
- Neighbour trouble.
- Party Wall Act.
- Permissive path.
- Property.
- Right of entry.
- Right of way.
- Squatter.
- Trespass.
- Wayleaves.
[edit] External references
- Dickinson v Cassillas
Featured articles and news
BG 50 & VDI 2035 – your questions answered.
Types of domestic heating systems.
Will the way we heat homes change when winter comes ?
Extended reality in a post-pandemic world.
Can XR technology be leveraged in design & construction?
Or are you capping.
STEM ambassadors needed for ICE CityZen award.
Digital gaming competition for UK students aged 16 to 18.
Heritage protection in England vs Australia.
Fire doors and the Fire Door Inspection Scheme.
Three-quarters of fire doors fail inspections
UN International Day for Biological Diversity, May 22.
The role of geoparks, biospheres and world heritage sites.
BSRIA conference 2022, June 23.
Just one month to go ! Find out more here.
Restoring Broadbent’s Bath House
A new gallery for the University of Huddersfield.
Corruption in the construction industry.
What will it take to stop it ?
To celebrate world bee day 2022 !
Just one month until the changes to part L come into effect.
Not forgetting part F and the new part overheating part O.
Heat Pump demand rises by one quarter.
As energy prices jump up in cost.
With people in the UK from Ukraine.
Industry leader Steve Murray takes on role.
An abundant and versatile building material.
How overheating complicates ending gas in the UK.
600,000 heat pump installations targeted per year by 2028.
Cost planning, control and related articles on DB.
Helping prevent those unwanted outcomes.
ICE debate Public transport - post pandemic.
How has transport changed due to Covid-19 ?
Cross-ventilation in buildings. Do you have it ?
Will you need it ? after June 15 and the new Part O ?