Jersey: The Access to Neighbouring Land (Guernsey) Law, 2016

The Project de Loi entitled The Access to Neighbouring Land (Guernsey) Law, 2016 was registered on 16 January 2017, although it remains subject to Royal Assent.  The new legislation provides that where a person requires entry onto neighbouring property for the purpose of carrying out work and needs, but does not have, the consent of the neighbour to do so, then that person may apply to the Magistrate's Court for an access order.


The new legislation will address an age-old issue with some Guernsey properties that are built on or near the boundary with a neighbouring property, particularly in St. Peter Port.  In the past, the owners of those properties required a formal right of access onto the neighbouring property for the purposes of maintenance and repairs to their own property.  Those rights were usually incorporated in the title documents, however, for many properties those rights have never been formally documented and property owners simply relied on the goodwill of their neighbours.  Banks have become more reluctant to lend for the purchase of properties without the necessary formal rights and sellers have been required to seek a formal agreement with their neighbour prior to proceeding to sell.  This has resulted in increasing the time taken to convey some properties and also added to the expense of the overall process.

When might an access order be granted?

The circumstances in which the Magistrate's Court may grant an order are, subject to the caveat below, when the work is reasonably necessary to preserve, repair or maintain the applicant's property or part of his property and that such work could not be carried out or would be substantially more difficult or expensive to carry out without such access.  However, the Magistrate's Court may not make an order if it would cause the neighbour (or any other person) any hardship which outweighs the benefit to the applicant in being allowed to undertake such works.

In addition, the new legislation provides that an access order may be granted to an applicant in respect of entry onto neighbouring property for the purposes of preserving, repairing or maintaining services to this property or a jointly owned boundary structure.  The authority of the applicant under the access order is conditional upon the applicant giving reasonable written notice (at least 7 days unless there is a risk of injury or significant damage) to the neighbour specifying, amongst other things, the nature, location and timing of the works, and that the services in respect of which the access is required were installed prior to the coming into force of this legislation.  The notice may not specify that the proposed works be carried out on a non-working day except in the case of an emergency.  Where the applicant has served such a notice and has not completed the works but is then contacted by another person with an interest in the land, then the applicant will continue to be permitted to access the land to undertake the work provided that the content of the notice complies with the provisions of the law.  The new legislation sets out in detail how such notice may be served.

Appeals and compensation

The recipient of such a written notice may apply to the Magistrate's Court for a declaration that the conditions for the access order are not satisfied or for an order imposing terms and conditions in respect of exercising such access.  Pending the outcome of this process, the person requiring access must not enter upon the land in question or must withdraw if access has already been made.

The new legislation includes provisions whereby the recipient of a written notice (as described above) or the owner of property served by services installed in neighbouring land may, within certain timescales, apply to the Magistrate's Court for compensation (or the Royal Court depending on the size of the claim).  Such compensation may be payable in respect of financial loss, loss of privacy or inconvenience suffered due to the maintenance works or interference with the services.  In addition an application maybe made for an order in respect of the repair or replacement of services.

Terms of an access order

The new legislation lists in detail the types of work in respect of which an access order may be granted.

Each access order shall specify certain terms on which it is granted, for example, the order shall specify the work for which it has been granted, the area of neighbouring land which the applicant is authorised to access and the date or time period for which access is granted.  In addition, the order may impose such reasonable conditions as appear to be necessary to avoid or restrict any loss, damage, injury, inconvenience or personal injury to the owner of the neighbouring land or to any other person.

Effect of an access order

The effect of an access order is to require that the owner of the neighbouring land permits, insofar as he has the power to do so, the applicant or his agents to do anything which the order authorises or requires them to do.  Under the order the applicant may enter onto the neighbouring land to carry out the specified works and bring onto and leave on that land the necessary materials and equipment to carry out such works, subject to indemnifying the neighbour against any damage caused to any of their land or goods.  On completion, the applicant must remove any waste and make good any damage to the neighbour's property.

Where an access order has been made, any party to the proceedings in which the order was made, or any other person upon whom the order is binding, may apply to the Magistrate's Court to discharge or vary the order or any of its terms and conditions, suspend any of its terms or conditions or revive any term or condition that has previously been suspended.

It should be noted that nothing in this new legislation will prevent a person from raising the Clameur de Haro, an ancient form of injunction which has been invoked historically as a means of dealing with property related disputes.

Registration of access orders

Access orders will be registered at the Greffe in Guernsey and will be binding not only on the applicant and the neighbour, but also upon their respective successors in title.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions