Part 6 Special powers of court

Subpart 1—Entry onto neighbouring land

319 Owner or occupier of land may apply to court for order authorising entry onto or over neighbouring land

(1)

A person may apply to a court for an order under section 320 if the person is an owner or occupier of any land who wishes to enter onto or over any neighbouring land for any of the following purposes:

(a)

to erect, repair, alter, add to, paint, or demolish the whole or any part of any structure on the applicant’s land; or

(b)

to do any other necessary or desirable thing in relation to the applicant’s land.

(2)

An application under subsection (1) may be made only if the applicant has given at least 5 working days’ written notice of intention to apply for the order to—

(a)

the owner of the neighbouring land; and

(b)

if the owner is not the occupier of the neighbouring land, the occupier of that land.

(3)

The written notice required by subsection (2) must adequately inform the owner and, if applicable, the occupier of the neighbouring land of all of the following matters:

(a)

the nature of the proposed work:

(b)

how the work is proposed to be undertaken:

(c)

the time during which the work is proposed to be undertaken:

(d)

the measures that are proposed to be taken to maintain adequate access to the neighbouring land.

(4)

In this section and section 320, neighbouring land means any land for which the order is sought whether or not it adjoins the applicant’s land.

Compare: 1952 No 51 s 128