Section 320 — Property Law Act 2007: Powers of court making order authorising entry onto or over neighbouring land

320 Powers of court making order authorising entry onto or over neighbouring land (1) On an application under section 319(1) , the court may make an order authorising the applicant to do either or both of the following things: (a) to enter and re-enter onto or over the neighbouring land at reasonable times, with or without any employees, agents, or contractors and any aircraft, boats, vehicles, appliances, machinery, and equipment that are reasonably necessary for the purposes specified in the order: (b) to store on the neighbouring land any materials required for the purposes, and in the quantities, specified in the order. (2) An order under subsection (1) must specify— (a) how and when entry is to be made; and (b) any other conditions that the court thinks fit to impose. (3) Those conditions may relate to all or any of the following matters: (a) the period of time during which the entry onto or over the neighbouring land is authorised: (b) the hours of the day or night during which the work may be done: (c) the preservation of the safety of persons or property on the neighbouring land: (d) the maintenance of adequate access to the neighbouring land: (e) the restoration of the neighbouring land to its former condition: (f) the provision of security or indemnity to secure the performance of any condition of the order: (g) the making good of any damage caused by the entry onto or over the neighbouring land or the reimbursement of the owner and, if applicable, the occupier of the neighbouring land for any costs, expenses, or loss arising from the entry: (h) any other relevant matters. (4) Before exercising any powers conferred by an order made under subsection (1), the applicant must serve the order on the owner and, if applicable, the occupier of the neighbouring land concerned. Compare: 1952 No 51 s 128