Access Over Right of Way for Construction Traffic

[tkboy]

Hello,

I am the dominant tenant of a right of way that runs to the side of my property to my parking area at the rear then on to my neighbours (the subservient tenant). I have recently gained planning permission to demolish my property and rebuild. My neighbour objected strongly to the application who himself has rebuilt 7 years ago. My building was constructed using the access way 12 years ago with no complaint.

The right of way (easement) in my deeds reads “at all times and for all purposes in connection with the use and enjoyment of (my address) in common with all other persons entitled to the like right to go pass and repass with private motor vehicles along the access way”

After exausting all other possibilities of stopping my build, I have recieved a letter from my neighbours Lawyer which reads....

"We would be gratefull if you would confirm that, should your development proceed, you are able to demolish the existing building and erect your new development without requiring access to our clients land. Our client will not grant access to you or your workmen to demolition or building from his land, which includes the erection of scaffolding and the like. Please note your right of way is to "go pass and repass with private motor vehicles" and therefore any construction traffic will not have a right of way.

I have another easement benefiting me which reads "the right at any time to rebuild or alter or make additions to (my property) in such a manner as the tranferees see fit notwithstanding any interference thereby occasioned to the access of light and air to (neighbours property) or any part thereof"

Any advice or experience of similar would be gratefully accepted.

Thanks

[yyz0]

The only way they can stop you from using the easement for your construction activity is to convince a Judge that that activity is outside the intended scope of the granting language of the easement. Many times a letter like that is used as a Scare tactic to avoid the costs associated with pursuing a lawsuit. IF the letter receiver simply reads the letter and then says to themselves "oh, would have been nice if I could have..." The police won't help in most situations like this so the hope is that a letter will scare the other person into stopping whatever activity is being protested.

Are you completely landlocked without the use of this easement?

Will the construction equipment need to work from the easement or just use it to get to your property then back to the road after finishing the work?

your options at this point:
1. Get your own RE lawyer to review your situation and advise you of your rights and maybe respond to the letter
2. Ignore the letter and proceed with the construction, at this point if the neighbor wants to continue the fight the costs to them will ramp up significantly
3. give up on your construction plans

Several hundred spent reviewing your situation with a lawyer is probably your best bet to avoid future problems if your neighbor has a deep pocket and wants to keep trying to block you.

[tkboy]

Hi,

Thank you for your reply

I am landlocked without the easement.

As far as I am aware construction equipment use of the from the easement will be minimal if at all, it is access over the easement to my land that is in question. The access runs directly to the side of my property to my parking area at the rear and then onto the neighbours land.

We are persueing option one at the moment, however it seems as it stands they are standing by their threats of injuntion. Option two could result in my contractors being stopped via injunction. Option three ....... I have already invested thousands.