Change to access law could unblock property logjam

In a policy letter, Policy & Resources president Gavin St Pier said he wanted to make two minor amendments to proposals backed in May 2014, when the States agreed to introduce legislation to allow the owner of a property access to a neighbouring property to undertake essential repairs when it had been refused.

The changes would mean that applications for orders allowing access to neighbouring land will be made to the Magistrate's Court and not the Royal Court, and that the court should not have the power to make an access order in perpetuity – an order that is not time-bound – though the States should have power to amend the law by ordinance in the future to provide for this if needed.

Deputy St Pier said introducing these changes would have a real impact on some people.

'A number of property transactions on the island are effectively on hold pending the enactment of this legislation, and it is clearly important that it is brought into force as soon as possible.'

Although this would result in new work for the Magistrate's Court, it would be less for the Royal Court, and thus not an increase overall.