Maintenance access: must my neighbour let me use their land?
What would you like help with?
Detailed explanation, checklist and sources
Necessary temporary use of a neighbour's land for work on your property may have to be allowed under Dutch law. Proper advance notice and compensation are conditions; serious reasons can justify refusal or postponement.
On this page
1. Is access necessary?
Article 5:56 BW concerns necessary temporary use for work on immovable property. Explain why access, a ladder or scaffolding on the other land is needed and which less intrusive alternatives you considered. Convenience alone does not automatically create a right.
2. What advance notice is needed?
Notify the owner properly before work: nature, location, dates, duration, contractor and necessity. The law specifies no universal number of notice days. Allow discussion of practical objections; in rented situations involve the relevant owner/landlord too.
3. What should we agree?
Record the route, hours, screening, safety, keys and clearing up. Limit use to what is necessary. Planning permission does not by itself authorise entering someone else's land.
4. Who pays for damage?
Access is subject to compensation. Take initial photos and agree how damage, restoration and reasonable disadvantage will be assessed. Check insurance and the contractor; cover is not guaranteed. Report damage promptly and retain costs and evidence.
5. When may access be refused?
The owner may have serious grounds to refuse or postpone. Consider actual safety risks, necessary own use and alternative scheduling; mere disagreement does not decide the issue. The same rules apply when your neighbour needs your land.
6. What if there is no agreement?
Do not enter without agreement when access is disputed. Ask for written reasons, offer a less intrusive plan and consider voluntary mediation. Obtain advice on jurisdiction, urgent proceedings and costs if needed. This temporary right is not a permanent right of way to your garden.
Draft letter — complete yourself
Check facts and recipient. The requested response date is not automatically a statutory deadline; keep proof of sending.
Edit your draftWord
Your edits stay on this page and are not automatically saved or sent. Complete every placeholder.
May I put scaffolding up before discussing it?
No. Necessity, proper notice and compensation must be assessed; serious objections can justify delay. Do not enforce disputed access yourself.
Documents to prepare
Prepare your next stepFill in and save · Word
Tick what you have checked or collected. Note what is missing and take your overview to a meeting.
Unless saved in My overview: Your entries stay only on this screen. Download before leaving; closing or reloading clears them. Do not enter identity numbers, passwords or unnecessary personal details.
What do you still need for your next step?
Item 1 / 6 · Where do you stand with this item?
Necessity and alternatives
This overview follows your own answers. It does not assess your rights or guarantee that your file is complete.
Your choices stay here. Use the buttons below if you want to save or download.
View all details, notes and timeline
Your timeline and evidence
List events and contacts. Note where you keep the evidence; no upload is needed.
What goes in my timeline?
Record what happened, when, the response and where to find the letter, message or photo. Mark uncertain dates.
Is my evidence sent?
No. You only note where it is kept. No files are uploaded or sent automatically.
How do I save my timeline?
Your entries are not saved automatically. Choose Save and continue later to store this preparation, including your timeline, in My overview. Wait for confirmation and save new changes again. You can also download a Word file without an account.
Up to 20 events. Choose a different position for an event to change the order.
0 / 6 · Checked or collected
For each event, note the date, what happened and where the evidence is kept. Example: 3 October — letter received — correspondence folder.
Describe the solution you would like, such as an explanation of a deduction and repayment of the outstanding amount.
For example: which document is missing, who can provide it and what should I do first?
Record the date and its source. If unknown, note this and check promptly. This tool does not calculate or monitor deadlines.
After your conversation
These are your own notes. Confirm agreements with the other person; these notes do not prove their agreement.
This is your preparation, not a submitted request, objection or legally reviewed document. A tick records only your own progress. Check the procedure and deadline in the original letter.
Save and continue later
Clear entries
Download anything you want to keep first. Clearing cannot be undone.
- Necessity and alternatives
- Owners and contractor
- Work plan and dates
- Notice and delivery evidence
- Photos and damage/insurance arrangements
- Objections and alternative proposal
Contact with a lawyer
You can use the chat and information without a phone number. A contact request requires a phone number, a verified email address and your wish for telephone contact. Our team assesses which partner fits your question. Data is shared only under the stated consent procedure. A partner or engagement is not guaranteed.
View the current application processSources
Need personal assistance? Request a lawyer through our chat. We explain the next step; submitting a request does not engage a lawyer. The links below support the legal information.
BW 5 · artikel 56 ↗Juridisch Loket · Toegang grond buren ↗Sources may be in Dutch. General information about Dutch law, not individual legal advice.