Page 1193 - IOM Law Society Rules Book

PART 13: SPECIAL TYPES OF CLAIM

13.84 Applications under Access to Neighbouring Land Act 1993
(1) An application under the Access to Neighbouring Land Act 1993 (‘the 1993
Act’) shall be allocated to the chancery procedure.
(2) Expressions in this rule which are defined in the 1993 Act have the same
meaning in this rule as they have in the 1993 Act.
(3) An application for an access order must be supported by written evidence,
and the claim form must —
(a) identify the dominant land and the servient land and state whether the
dominant land is or includes residential land;
(b) specify the works alleged to be necessary for the preservation of the whole or
a part of the dominant land;
(c) state why entry upon the servient land is required and specify the area to
which access is required by reference, if possible, to a plan annexed to the
claim form;
(d) give the name of the person who will be carrying out the works, if it is known
at the time claim is started;

(e) state the proposed date on which, or the dates between which, the works are
to be started and their approximate duration; and
(f) state what (if any) provision has been made by way of insurance in the event
of possible injury to persons or damage to property arising out of the
proposed works.

(4) The defendants shall be the owner and the occupier of the servient land.
(5) The court may direct that notice of the application shall be given to any other
person who may be affected by the proposed entry.
(6) In the circumstances specified in section 4(3)(a) of the 1993 Act the
application may, with the permission of the court, make a person defendant by description
instead of by name; and notice of the application may in that case be served on that person by
—
(a) affixing a copy of the claim form to the main door or other conspicuous part
of the servient land and, if practicable, inserting through the letter-box on the
land a copy of the notice in an envelope addressed to ‘the owner’ or ‘the
occupier’ (or as the case may be); or
(b) placing stakes in the ground at conspicuous part of the servient land, to each
of which shall be affixed a copy of the claim form.
(7) The application may, if the court thinks fit, be dealt with in private.

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