Access easement and building work

GDB2222

Kitz said:

She has known about the project for two years, we showed her the plans before we submitted them to the council. We amended the plans to accommodate her request to change the plans. We told her that we repair the drive after the building work is finished. She built three houses herself so she knows very well what it means to have builders on site. I think we kept her in the loop.

This is not relevant to the case but we have been very friendly with her, we helped her a lot on her land, she is 80 years old and lives on her own. We offered to drive her 30 miles to a hospital after she had an operation. We went to see her and offer our help after she returned from a hospital. In exchange for our friendship she placed large logs and and a piece of wood spiked with nails to restrict the width of the drive and make it difficult for us to use the drive…

You are where you are, and it sounds like your neighbour will get her injunction if she goes to court. What is more, it's likely  you will end up paying her costs.

It's too late for a charm offensive, so you have no choice but to instruct your builders not to use the drive, except for access. 

It's arguable whether access even includes stopping on the drive to unload. However, you might be able to agree that with your neighbour.