How to access your neighbour's land to carry out construction work

In brief - Courts may impose orders if agreement not reached

If negotiations to access neighbouring land fail, consider the criteria that must be met in order to obtain an easement or access order.

Obtaining easement and access orders

Developers, builders, contractors or landowners may require access to an adjoining property for the purposes of carrying out work on their own land or adjoining land, or carrying out work to a utility service. Where no agreement can be reached between the parties, other avenues are possible including an access order under the Access to Neighbouring Land Act 2000, an easement under section 88K of the Conveyancing Act 1919 (NSW) , or an easement under section 40 of the Land and Environment Court Act 1979 (NSW).