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Dead of Easement to bin storage area on neighbours land

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  • Dead of Easement to bin storage area on neighbours land

    Hi guys

    We have a Deed of Easement giving us access from our land onto our neighbors land for access to the bin storage area..

    Recently our neighbour had some work done to his drive which changed the hard standing path which a big 300kg 1100 litre communal SITA bin used to be wheeled along and stored...the work he had carried out covered the current hard standing path with about 40cms of lose gravel as well as several wooden projections which has completely stopped us from being able to wheel the bin in and out of the storage area..the bin now sits on our shared driveway but at an angle, so it could roll down the hill or worse may tip over when top heavy and fully filled...the council are also not happy as they are not allowed to leave it on unlevel ground due to it potentially rolling away and causing damage or injury.

    So on to my question, I've read through the Dead of Easement and I can see he is in breach of 3 conditions

    Schedule 3 Grantors Covenants

    1) The Grantor shall not do anything or allow anything to be done on the Grantors Property that interferes with, or obstructs the exercise of the Rights of the Grantee.

    3) The Grantor shall not obstruct nor permit the obstruction by parking of vehicles or otherwise the Access Area the Path or the Parking Area by the parking of vehicles or otherwise

    4) The Grantor shall contribute towards the reasonable and proper costs of the upkeep of the Access Area and make good any damage incurred as a result of the Grantors development to the reasonable satisfaction of the Grantee


    I send him a letter quoting the above breaches which he has essentially ignored as he says the bin is fine on the unlevel ground and we are just being picky, so I read through the Deed of Easement again and noticed there is a section which essentially says he is not liable for injury or damage while we are accessing the bin storage area ( I've pasted the full term below is italics and bold ) ..which obviously makes sense as if we break our leg or trip over while on his land accessing the bins then he can't be held responsible...which seems fair.

    Section 7 Joint and Several Liability sub section 7.4 of the Deed of Easement.

    The Grantor is not liable for the death of, or injury to the Grantee, tenants of the Grantee or it's employees invitees or for damage to any property of theirs, or for any losses claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by them in exercising of the Rights to access the bin storage area.


    Now here's the big question, since he is now in breach of the 3 covenants above which has meant the bin is now on unlevel ground and could roll off or tip over injuring or damaging property does this mean his right above "not to be liable" is void and that he is now liable if someone is injured or property is damaged ?


    Many thanks

    Lucky13




    Tags: None

  • #2
    I don't think anyone can waive their liability for causing death or personal injury by their negligence in any event, so if he has caused the site to become dangerous he will have a problem defending himself in the event of a claim.
    Property damage he is probably on thin ice as he has caused the site to be unsafe.

    Comment


    • #3
      great thanks I just wanted to be sure that if I accused him of being liable that he wouldn't try to sue me for threatening him with court action

      Comment

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