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.