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Private easement issues.....

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  • Private easement issues.....

    Good afternoon, I'm going to start posting about this matter in case anyone can offer us any helpful pieces of information and in case it helps anyone else out.....

    I'll summarise July 2016 bought a beautiful house, North wales. The landowner who owns the lane running up to 3 other properties (one now empty and the other three occupants of the two houses are now serving as witnesses in the forthcoming court case), and she also owns the track leading up to our home.

    We have endured (and that's the nice way to put it) 18 months of harassment, threats... I'll have to remove the access, theres more to come, i'm going to make your life hell, you left gates open etc. She has been blocking the track up with heavy gates (which don't fit the gateways, using twine tied across the track, wood, wire you name it, everything except a tractor thank fully. She also pulls another really heavy gate which no longer hangs off its hinges, right into the track. The track is 234mtrs long, she blocks it with 3 unnecessary gates or gate like structures. Since starting with solicitors letters (we ran out of options when talking to her) she has since removed the gate that never fit and hung a proper one, im guessing even her solicitor told her 'errrrr that's not a gate....'

    At this stage I guess I'd like to ask, I know that in some instances gates cannot be classed as obstructions etc, however I can prove and show that the 'gates' she claims are necessary don't do anything as the walls and fencing around those fields are not secure. I basically watch her closing all sorts of gates after putting sheep or cattle in paddocks only to watch them end up in the same place.... they have free access all over the place. Has anyone previously proved this in court? does anyone know how best to approach this?

    I should point out that the court action is to let us get the track fixed which she refused to let us do and refuses to sort herself. yes she wanted the house and land, she bullied the last owner out and tried to de-value the house and property. didn't work, now she thinks we are evil. guess you could say we are stupid for buying this place but we love it and I will not be bullied out of somewhere beautiful for the sake of some basic maintaince issues.

    Oh and I should say we've just managed to get her to change the bottom access gate which you can't see from the house, she locked it with a padlock when the house went up for sale, it was a flexible gate it was poor until her cows kept escaping. she refused to let us replace it for free, but still insists on locking it. I should also say weve offered to address the track FOR FREE and offered her any number of gates previously FOR FREE, but now we know that they don't do anything....

    anyone else enjoying access issues?

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  • #2
    Re: Private easement issues.....

    Have had something not quite similar but along the same lines.

    There usualy wording on the deeds, that deals with maintaining acsess, what do they say exactly. Was there any other conditions as part of the sale. You have gone through everything we had to deal with ( apart from our nightmare neigbour was extreemly rude as well ), you can force it, depending on the wording on the deeds. That was ourt eventual outcome becuase the neigbour was just being difficult to try and cost us more.
    crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even


    • #3
      Re: Private easement issues.....

      Crazy Council, There is nothing in the deeds regarding maintaining the track or the payment for the up keep, hence why we offered to maintain it and repair it for free....... We use is, they don't. Our other issue is if we do make any repairs she rips them back up. We are hoping that the court can offer us some sort of protection regarding maintaining it. We still don't mind paying to fix it but we need some protection as we go forward that anything we do will remain in place..... She has previously threatened to dump top soil on one part of the track to stop anyone using it.


      • #4
        Re: Private easement issues.....


        There should be reference to it on the plans, maybe the origional plans at the council for the propertys. It will confirm the rights of way/passage for each property that requires to travel over it to get top there land/property. Usualy it weill also state that it has to be kept clear of obstruction, and maintained to keep unobstructed acsess for emergancy services.

        may have just been missed of your deeds when last updated

        If its clear on the deeds, then therers usualy little arguing, but if unclear, or different deeds say different things, you employ an agreed survayor to give there opinion on it, then present that to court.

        I think theres a way to despute things through the land registry as well, but not sure now, my experience in this was back prior 2005 and lots has changed since
        crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even


        • #5
          Re: Private easement issues.....

          Since our first appearance in court she decided to say it was a licence and that the track wasn't used with her permission etc..... nice try! we are now putting together deeds dated since 1948 plus peppercorn rent receipts from that time onwards, some of which in the late 1970s that this individual signed! just amazing, I wish I could see her face when that lot drops. Anyway, has anyone presented a case in court themselves? we are not novices in court, just normally criminal so this is a new thing for us. I'm just hoping we can put forward the lies and the confusion she has tried to develop in an attempt to divert us from this course of action.....



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