Trespassers W: what Winnie-the-Pooh can teach us about access rights in construction
Posted on: 29 September, 2026
By Dominic Bottone
Senior lecturer, BSc (Hons) Building Surveying
To those of you brought up on Winnie-the-Pooh, you will know that Piglet lived in a tree and next to his tree was a sign, ‘Trespassers W’. Piglet, when asked by Christopher Robin, said it was the name of his grandfather. Christopher Robin was not convinced, but Piglet said it was short for Trespassers Will, which was short for Trespassers William, and that his grandfather had two names in case he lost one: Trespassers after his uncle and William after Trespassers.
Now, of course, those of us who often go for walks in rural England and Wales will no doubt have worked out that this was all nonsense, and that the sign was a damaged one that originally said: ‘Trespassers will be prosecuted’.
Can you actually be prosecuted for trespassing?
We often see this sign and yet it has no legal standing whatsoever.
The first bit of knowledge that I can impart to you in this article is that the mere act of walking on someone’s land cannot get you prosecuted. For a start, this sort of trespass is a civil wrong, not a criminal one, and can only be brought to court if damage has occurred.
If, upon accessing land that is not yours, you are asked to leave and you are rude, or hurl insults, then the police could be called to carry you off for a breach of the peace. And if you resist a policeman, you could be carried off for the same reason, but it won’t be because you have trespassed.
Laws on demonstrations, etc. somewhat muddy the water here, but for the purpose of this article we will ignore that aspect.
What does the law of trespass actually cover?
The second bit of knowledge you may not be aware of is that the law of trespass that covers accessing private property is not covered by property law. In fact, it is covered under the Law of Tort.
Put very simply, and somewhat crudely, the Law of Tort is much of the civil law in England and Wales not covered by the Law of Contract or, probably better put, it’s a civil wrong independent of contract. A liability in tort arises from breach of a duty primarily fixed by law which is towards others generally.
The actual definition of trespass is somewhat elusive, but one definition found from the House of Commons Library states that trespass is any intrusion by a person upon the land in possession of another.
Why access rights matter in construction
So why is the law of trespass relevant to the world of construction?
Access to neighbouring property to carry out works, repairs and renovations to a building can be a rather contentious issue. It is a contentious issue between neighbours and also a contentious issue amongst property professionals who do not understand the rules.
How so?
Well, sometimes access to neighbouring land is needed to actually get a building built, especially if that building is up against a boundary. The building of a wall cannot always be achieved by solely being on the owner’s land. Maybe scaffold is needed on the external face of the new wall or an existing wall, and that scaffold has to sit on the neighbour’s land.
If access is not possible, for either legal or practical reasons, that work cannot be carried out. Repair or renovation or new build stops in its tracks.
Professional consultants, designers and client representatives need to know the rules because, if they haven’t looked at the rules, a client’s dream may not be achievable.
The Access to Neighbouring Land Act 1992
So, if you want to build a new building, repair a building or demolish a building, and you need access to a neighbour’s property, then what can you do?
Firstly, you can check if there are any statutes out there that allow some form of access, and they do exist.
There is the Access to Neighbouring Land Act 1992. The Act was introduced to “enable persons who desire to carry out works to any land which are reasonably necessary for the preservation of that land to obtain access to neighbouring land in order to do so; and for purposes connected therewith”.
It addresses situations where informal agreements fail or a neighbour unreasonably withholds consent, ensuring essential maintenance or repair work can proceed without causing unnecessary disputes or property deterioration.
Note that this is for repair or renovation and it has to be necessary.
The Party Wall etc. Act 1996 and new builds
For new builds there is the Party Wall etc. Act 1996.
Under section 8 of this Act, there are rights listed that allow a developer or their agents rights of access to carry out any works in pursuance of the Act.
If neither applies, then you will have to ask permission of your neighbour, permission which can be withheld for any reason the neighbour likes. They do not have to be reasonable.
If they agree to access, they can apply conditions: money, for example; the period of time needed; noisy works kept to a minimum; no radios; and keeping the neighbour’s property clean.
If such an agreement is made, this is formalised in a document called a licence, which is a legal permission to do what would otherwise be a trespass.
Two common misunderstandings about access
I have had to deal with such matters in my years as a consultant and two points have arisen which seem to arise on a regular basis.
Many professionals seem to think that because access is required for health and safety reasons, or protection of a neighbour’s property, then access is automatic. This is not true; the neighbour has no legal obligation to assist the developer in either.
The other point is that, when it comes to access to raise scaffolding, it is often thought that it is only the erection and dismantling of the scaffold that requires access. So, a day to put the scaffold up and a day to take it down is all that is needed.
The idea is that using the scaffold by operatives using it from the developer’s side is not access.
This is, of course, nonsense.
If the scaffold is used for three weeks, then access is needed for three weeks, and the two days to erect and remove.
So, what should you do if you need access?
So what are you to do if you need access to carry out works to your property?
Check your statutory rights. If they do not cover your circumstances, then you need to negotiate.
Basically, you go round to your neighbour, with a bottle of wine possibly, ask for access, and see how you get on.
It could come across that the neighbour can really put the brakes on any development. However, neighbours need to be wary of simply saying no: they may need access from you in the future. Being totally unreasonable in the amount asked for payment could be an opportunity missed in making a bit of money.
However, if a neighbour simply does not need the hassle, then options need to be reconsidered.
A new design, for example.
Or, maybe, you just need to move.
Interested in a career in building surveying?
From access rights and property law to building maintenance, refurbishment and construction, building surveying is a varied profession where no two projects are quite the same. Explore our BSc (Hons) Building Surveying programme, or discover our wider range of surveying and construction courses at the University of the Built Environment.
Explore BSc (Hons) Building Surveying | Explore all our courses
