Filling in N16A to gain access under the ANLA1992

[Drayal]

We need to make an application to the Court un the ANLA 1992 in order to paint the barge board on our property. It will take less than a day but requires access into our neighbours front garden. We have looked at the form and it doesn't make a lot of sense and I believe that if we fill it in wrongly it will get thrown out and we will lose our money. Can anyone help? Thanks

[JK2054]

have you tried just asking your neighbour?

Getting an injunction to paint something is unlikely to be approved if im being honest

[Drayal]

have you tried just asking your neighbour?

Getting an injunction to paint something is unlikely to be approved if im being honest

Hi thanks for your reply. Of course we have asked. If the barge board isn't painted before the winter (its down to the wood) then we will need it replacing. So when the court considers if it is "essential for preserving the property and not possible to be carried out without the access" are you saying the Court would think that painting a barge board that is now down to the bare wood would not be considered essential? And if that is correct would the Court say we would need to wait until it needs replacing and has impacted the roof timbers? It's crazy I know, it will cost a few hundred to paint the barge board much more to replace but it seems the most expensive part of maintaining our property will be getting access. Thanks

[efpom]

My understanding is that the correct form is N244 not form 161A.

I suggest you contact your local county court to seek advice on which form to use.

if I was in your shoes I would write a letter before action to your neighbor advising that unless he permits access your intention to make the application and advising that if the application is granted you will be seeking your costs against him.

[Drayal]

My understanding is that the correct form is N244 not form 161A.

I suggest you contact your local county court to seek advice on which form to use.

if I was in your shoes I would write a letter before action to your neighbor advising that unless he permits access your intention to make the application and advising that if the application is granted you will be seeking your costs against him.

Hi thanks for our reply. We have done everything we can to sort this before resorting to applying to the Court. So thanks for your advice re contacting the Court we will give it a go as everyone seems to think we use a different form We have so far been told by different people that we need N244 / N208 N16A . All very confusing.

[JK2054]

bit of a stretch of my experience here, it wouldn't be N244 because you don't have an actual case and I dont think you can use that form unless you do

Part 8 sounds right because you want an order to be able to paint something, so its a non money issue which you want the court to make an order, but I think its an access thing so its an injunction form, because when landlords need to get in to get to gas/electric thats injunction and this sounds like the closest match if you will.

If you don't have access to legal advice have you thought about calling CAB, because they have solicitors they have access to that they can ask questions to for you

[efpom]

See https://www.justice.gov.uk/courts/pr...rt56/pd_part56 at Section II

So the form is N208 and the details of what is to be entered on the form is given at 11. 2

The N208 is here https://www.gov.uk/government/public...orm-cpr-part-8

The filing fee is, I think, £308 in the county court, but call your local county court to confirm

[JK2054]

this isnt landlord/tenant though