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Urgent neighbour issue

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  • Urgent neighbour issue

    Hello, I really hope someone can advise, we live in a rural area and have bulk tank LPG, we rely on this for heating and hot water. The only way to access the LPG tank is via our neighbours padlocked 8ft gate. We have never had an issue before gaining access, although the owner does not live on site it was a simple phone call and he would turn up or lend a key to another neighbour. We only fill up every 12months or so.

    There have been some issues around drainage and and we are not in good terms, the neighbour although not saying he will not open the gate keeps saying we haven’t given him enough notice to open the gate, he isn’t available, he needs more notice. There have now been repeated failed deliveries and we are running low!

    Our deeds say “ the benefit of the property (us) to pass and re pass with it without vehicles over the estate (his land) for the purpose of filling and refilling and replacing repairing and maintaining the gas storage facility and tank situated within the property.”

    My simple question is do we have a right to have a key to said lock? Although he is not refusing access he is certainly not allowing access in our eyes or that of our supplier.
    Tags: None

  • #2
    If I was in your position I would have a very calm immediate chat with the owner of the servient land and point out to him he is in breach of the covenant which gives your dominant property right of access..
    Instruct him to either leave that gate permanently unlocked or give you a key.
    Tell him that if he fails to do so within 24 hours you will making application for an urgent court injunction ordering him to comply with the covenant. This will be accompanied by an order for adverse costs against him.

    You need it to be urgent as at this time of year you can't possibly wait weeks for a court hearing to refill your tank

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    • #3
      Thank you, that sounds too good to be true we will be looking into this, thank you

      Comment

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