In our weekly legal column, the Leader, with the expert advice of the team at GHP Legal, sets out to answer some of your problems. Today's question is answered by senior solicitor Sarah Talbot...

Can I really be denied access to adjoining land to maintain my fence?

Q: Behind my rear garden were fields, now there is a new housing development. A balancing pond has been created immediately behind my fence, with a nine-inch ledge of earth that then shelves almost vertically into the pond pit.

There is a fence all around the pond, butting right up to my fence, with a locked gate. I asked the developer how I could gain access to the outside of my fence for maintenance purposes, and what measures would be taken to ensure the narrow ledge of ground does not collapse and destabilise my land.

His response was that I have no legal right of access onto their land, and I can view the drawings on the planning portal - which frankly provide no answers my question. What should I do?

A: Under the Access to Neighbouring Land Act, you have a right to obtain access onto adjoining land to carry out necessary works to your own land for the preservation of that land and for purposes connected therewith - in this case the maintenance of your perimeter fence.

If the developer, or whoever ultimately owns the land with the balancing pool, refuses you access for maintenance, you can apply for an Access Order through the Court. For access to be granted, the Court would need to be satisfied that the works are reasonably necessary for the preservation of the whole or any dominant land and that they could not be carried out, or would be substantially more difficult to carry out, without entry onto said adjoining land.

Regarding your concern about potential erosion of the narrow 'ledge' abutting your fence, the developer has a responsibility to ensure that any work they undertake will not cause an issue with the stability of your land, which was long supported by the former field. Seeking legal help to pose your questions again in a more forceful way is likely to be the best way forward.

• This question has been answered by Sarah Talbot, a senior solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194.