Right of Easement denied

madasaboxoffrogs

Hi.

I'm sure that I posted this before, but cant find it.

I own my property. and have an easement that allows me to access my drive via an access road - this has been blocked, and the whole side of my property fenced off by builders instructed by a housing association so that they can build next to me (not party wall). I was told that their right to build supersedes my right to access my own property.

I've today spoken with a solicitor that has said to wait until its all over, and claim compensation. He also said that going to court would cost me upwards of 10k which I don't have, and as they're a multi billion pound company, they'll most likely win and leave me paying costs also.

How can these people get away with doing what they want and sod everyone else?

Any other suggestions?

I'm currently being told 18 weeks at least for the work to finish - can I claim compensation now at a set rate per day/week to hurry them up? 

maisie_cat

Have you tried the press? The Mail loves this sort of David & Goliath story.

Brie

What is it that you are trying to claim compensation for?  Not being able to get into your property at all?  That doesn't seem a reasonable thing to impose on you.  Or is it just getting your car into your drive?  That's more reasonable and simply inconvenient for the most point.  Potentially you might claim if you had to advise your motor insurance that you won't be parking at your own address for 5 months.  Are you at least parking off road?  Or have you access to the property but they blocked your car in so you can't use it for 5 months?  Completely unreasonable unless they gave you fair notice.  Compensation might be for having to take taxis, rent another car etc.

p00hsticks

madasaboxoffrogs said:

Hi.

I'm sure that I posted this before, but cant find it.

Perhaps if you stuck to a single user id (I don't think multiple ones are permitted onthe forum) it would be easier... https://forums.moneysavingexpert.com/discussion/6501830/help-with-easement-being-blocked-please?utm_source=community-search&utm_medium=organic-search&utm_term=easement

MCT56

Have a look to see if the ground map for your for property is recorded on the Scotlis website (Land Register Scotland). It’s free to view. Just put in your post code to see your house. The land register is being updated (rather slowly) but I can see my house on the plan with a defined border in red and an access lane that I have a right to use. The map won’t state the access rights but you can order a search by them for the title / rights. It doesn’t cost much. Hope this helps.

madasaboxoffrogs

Brie said:

What is it that you are trying to claim compensation for?  Not being able to get into your property at all?  That doesn't seem a reasonable thing to impose on you.  Or is it just getting your car into your drive?  That's more reasonable and simply inconvenient for the most point.  Potentially you might claim if you had to advise your motor insurance that you won't be parking at your own address for 5 months.  Are you at least parking off road?  Or have you access to the property but they blocked your car in so you can't use it for 5 months?  Completely unreasonable unless they gave you fair notice.  Compensation might be for having to take taxis, rent another car etc.

That'll do it - thanks. I wondered why it asked me to change my password again doh!

user1977

MCT56 said:

Have a look to see if the ground map for your for property is recorded on the Scotlis website (Land Register Scotland). It’s free to view. Just put in your post code to see your house. The land register is being updated (rather slowly) but I can see my house on the plan with a defined border in red and an access lane that I have a right to use. The map won’t state the access rights but you can order a search by them for the title / rights. It doesn’t cost much. Hope this helps.

Why do you think the OP is in Scotland? We don't call them "easements" in Scotland so it seems unlikely.

propertyrental

Deja Vue

https://forums.moneysavingexpert.com/discussion/6501830/help-with-easement-being-blocked-please?utm_source=community-search&utm_medium=organic-search&utm_term=easement