Persons who may apply for a neighbouring land access order
7 Persons who may apply for a neighbouring land access order
A person who, for the purpose of carrying out work on land owned by the person, requires access to adjoining or adjacent land may apply to the Local Court for a neighbouring land access order.
A person who, for the purpose of carrying out work on land owned by another person, requires access to adjoining or adjacent land may apply to the Local Court for a neighbouring land access order with the consent of the person on whose behalf the work is to be carried out.
The Local Court may waive the requirement for consent under subsection (2) if it thinks it appropriate to do so in the circumstances.
A person may apply for a neighbouring land access order even if access to the land concerned, for the purposes for which access is required, may be obtained by way of an easement imposed by an order under section 88K of the Conveyancing Act 1919. However, a person may not apply for a neighbouring land access order if access to the land concerned, for the purposes for which access is required, may be obtained or granted under any other provision of an Act.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.