Access to Neighbouring Land Act 1992

8 Interpretation and application. E+W

(1) Any reference in this Act to an “entry” upon any servient land includes a reference to the doing on that land of anything necessary for carrying out the works to the dominant land which are reasonably necessary for its preservation; and “enter” shall be construed accordingly.

(2) This Act applies in relation to any obstruction of, or other interference with, a right over, or interest in, any land as it applies in relation to an entry upon that land; and “enter” and “entry” shall be construed accordingly.

(3) In this Act—

• “access order” has the meaning given by section 1(1) above;

• “applicant” means a person making an application for an access order and, subject to section 4 above, “the respondent” means the respondent, or any of the respondents, to such an application;

• “the court” means the High Court or [F1 the county court];

• “the dominant land” and “the servient land” respectively have the meanings given by section 1(1) above, but subject, in the case of servient land, to section 2(1) above;

• “land” does not include a highway;

• “the specified works” means the works specified in the access order in pursuance of section 2(1)(a) above.

Textual Amendments

F1 Words in s. 8(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I1 S. 8 wholly in force at 31.1.1993 by s. 9(2) and S.I. 1992/3349, art. 2