ANLA PART 2 (Access to Neighbouring Lands Act)

Following on from my earlier post regarding the Access to Neighbouring Lands Act (ANLA) in a recent discussion with a gentleman in another case whom I shall refer to as Mr. F to avoid embarrassing him.?Mr. F had requested quite wrongly on behalf of his client access onto my client’s property to complete the construction of an illegally built wall inside the line of junction (yes there is a party wall dispute in place).

I had to explain/educate Mr. F that the wall had been built illegally, was subject to an injunction that stopped the completion of the wall and it could not be described as in disrepair or in need of maintenance because it had never been completed in the first instance.

Access has quite justifiably been refused.?Mr. F then said, “Well, I shall just use the ANLA and get access.”?I had to explain/educate Mr. F that the ANLA did not apply in this instance because the wall was only partly constructed and was not in disrepair or in need of maintenance and that criteria apply to the ANLA for rights of access.

Mr. F’s response was “well I could make an argument that would get the access.”?Well, I would invite Mr. F to try.

Can the ANLA be manipulated, and misrepresented to the Court in very much the same way as the Party Wall Act is being regularly abused, and misrepresented to the Court?

I shall keep you posted on whether or not Mr. F decides to carry out the threat on behalf of his clients.