Developers, contractors, contractors or landowners may need access to adjacent land to carry out work on their own land or adjacent land or to carry out work on a supply service. If there is no agreement between the parties, other means are possible, including an access provision under the Access to Neighbouring Land Act 2000, relief under Section 88K of the Conveyancing Act 1919 (NSW) or relief under Section 40 of the Land and Environment Court Act 1979 (NSW). You can apply to the Supreme Court for an order imposing relief on the neighbouring country pursuant to Section 88K (1) of the Conveyancing Act. However, they need evidence to satisfy the court: the Court has the right to refuse to grant an access order if it is satisfied that the neighbour would suffer a disturbance or disruption to his or her use of the land or that a person in the occupation would experience difficulties, so it would be inappropriate to issue an order. Under the Access to the Neighbouring Country Act, the district court may order a «neighbouring order of access to territory» or an «order of access to services,» or both. This is generally the preferred approach, which is temporarily aimed at access, as it is relatively efficient in terms of time and cost. When granting orders, the district court must be satisfied that if the Party Walls Act does not apply to the territory concerned, the Access to Neighbouring Land Act of 1992 («Law») can be an aid. The law provides that if the owner of the neighbouring land does not agree to grant access to the necessary repair or maintenance work, the law allows an owner to apply to the Court for an «access order» to allow access where the construction work is reasonably related to the maintenance of the land and the work cannot be done. , or would be much more difficult if access to neighbouring land was not granted. Access to adjacent land is often sought for construction purposes called adjacent purely land access. This includes a formal agreement that can minimize the risk of withdrawal of access to neighbouring land.
Examples of issues that can be addressed in such access agreements are: the Tribunal`s power to provide relief is reasonable, which means that the Tribunal itself must be satisfied that facilitation is appropriate.