Help with easement being blocked please.

Chuggabug

Hi,
I have an easement granted on my property deeds for access to my property via an access road that is now owned by a Housing Trust. They are building next to me (not party wall) and have dug up the road without consultation or notice, denying my right of access. They said a few days, and are now saying 16 weeks…..and the rest! They blocked off the road and started digging whilst we were out,so we were unable to stop them. Meanwhile we have no parking access and are parking on a muddy green to the front.

What can I do? 

This is causing a massive amount of stress and aggravation, as well as dirt, constant incessant digging and serious safety issues with access via a public green which means driving blindly over a pavement.

Thanks so much for reading.

M. X

propertyrental

Three potential ways forward:

* speak to the most senior manager you can identify and negotiate access (potentially via an alternative route?)

* Write to said manager formally insisting on your rigt of access

* apply to court for an injunction forcing them to stop work and re-instate your access.

You could also consider getting the local paper to do a story? Or get your local councillors/MP involved.

Where I am the local BBC radio station has a daily consumer programme - they contact businesses, councils, organisations on listeners' behalf to achieve 'justice' and few organisations want to be publicly named on air......

Tallulah_Chicken

We had a similar situation at a previous property. A phone call from our Solicitor to theirs stating we were applying for an injunction sorted it immediately with access restored. An injunction could prevent them doing any further works on the road (and therefore the building plot) until the case is heard and resolved (which might take months) and is potentially very expensive. It is in their interests to cooperate in that situation. Do you have legal cover on your home insurance? 

Section62

Chuggabug said:

Meanwhile we have no parking access and are parking on a muddy green to the front.

What can I do? 

This is causing a massive amount of stress and aggravation, as well as dirt, constant incessant digging and serious safety issues with access via a public green which means driving blindly over a pavement.

1) Letter to their CEO/Head of Legal giving them 24 hours to reinstate the access road otherwise you will take further action.

2) Don't park on the verge/green yourself as you may get a ticket for doing so.

3) If the contractor(s) continues to park on/drive over the green area then contact the council and report the damage being done.  (obviously don't do that if you still want to park on the green area yourself).

penners324

Write to planning officer at the council. Sounds like they're in breach of the planning permissions