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This Act allows a person who, for the purpose of carrying out works to any land needs the consent of some other person to enter upon the land of that person, to make an application to the court for an order against that other person. On an application, the court shall make an access order only if it is satisfied: (a) that the works are reasonably necessary for the preservation of the whole or any part of the dominant land; and (b) that they cannot be carried out, or would be substantially more difficult to carry out, without entry upon the servient land and the need of entry is reasonable. Where the court is satisfied that it is reasonably necessary to carry out any basic preservation works to the dominant land, those works shall be taken for the purposes of this Act to be reasonably necessary for the preservation of the land. The Act sets out terms and conditions of access orders and sets out the effect of such orders. It also concerns variation of orders and damages for breach.
