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ACCESS (STRUCTURE /BOUNDARY WALLS (SOLE OWNERSHIP OF WALL (Soley…

- - - - Where owner creates UF of one of his houses, heir cannot raise height of adjoining houses such that it renders the UF useless
      - If raising height done out of malice
      - Any restrictive covenants
      - Cant build near neighbour if it prevents wind necessary to fertilise his crops
      - Town regulations do not permit it
- - - - Access orders time limited.
      - Heard in magistrates court with power to refer to RC
    - - Person may enter land for purpose of preserving, repairing or maintaining;
      - (1) services which serve the other land
      - Neighbour can challenge notice or after the work seek compensation. If notice challenged can't enter to do work until court determined
      - (2) a partly or jointly owned wall, structure or growing thing where needs but doesn't have consent of other person to enter the lan, subject to serving a "SERVITUDE TACITE" notice on that person, at least 7 days prior, and in the case of services to those services having been installed before law commenced
    - - Ct makes access orders where person requires entry on to land for purpose carrying out work:
      - reasonably necessary for preservation, repair & maintenance of adjoining land
      - Needs but doesn't have consent of other party to enter the land
      - Where it can't be carried out or be disproportionately expensive without going on land
      - Court will make an order provided above satisfied UNLESS it causes hardship or prejudice to servient land or anyone else that would outweigh benefit to applicant
      - Non exhaustive list of works, order can be conditional and compentatory