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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 partially blocking our entrance and looks and smells awful.
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 them as he says the bin is fine where it is and we are just being picky,
My question is what can I really do, can I sue him for something as we have to get this bin back to it's original location but we can't because he has put gravel down..there are about 10 flats that use the bin and it's driving everyone nuts, so we need to try and resolve this ?
Can we somehow sue him but if so what for ?
Many thanks
Lucky13
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 partially blocking our entrance and looks and smells awful.
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 them as he says the bin is fine where it is and we are just being picky,
My question is what can I really do, can I sue him for something as we have to get this bin back to it's original location but we can't because he has put gravel down..there are about 10 flats that use the bin and it's driving everyone nuts, so we need to try and resolve this ?
Can we somehow sue him but if so what for ?
Many thanks
Lucky13
Would I be able to offset the solicitor costs onto the defendant if I am successful with the injunction and do you have any idea how much it might cost me to raise an injunction ?
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