• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Building on an Easement

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Building on an Easement

    Looking for help:

    My car parking at the rear of the garden is accessed via a shared driveway. There is currently a slight curve in the fence to make turning in to my space easier. If i built an extension but squared the corner off rather than make it the slight curve shape would i be breaching the easement? The extension is still within my boundary and the easement is to allow other neighbours access to their garages, this would not be impacted, if anything it is just making it harder for myself only.
    Realistically it is about 30cm of land to make it from a curve to a square.
    is this likely to be flagged?
    Tags: None

  • #2
    Are you absolutely certain that this will not impede the access? On what you have written, we have no way of knowing.

    Have you spoken to your neighbours about your plans? You could try marking off the land and seeing whether any difficulties are caused.

    And will the access be obstructed during construction?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Thank you for your reply.

      Have marked it out- no impact for neighbours at all. Means we have to reverse into the space rather than drive in forwards but can still park etc. the only person it affects is my garage but technically it is about 30cm of the ROW within my boundary

      Comment


      • #4
        I am interested that you consider that your garage is a person!

        Have you discussed this with your neighbours? If nothing else, the building work may have an effect on use of the drive.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Read that back oops

          building work won’t affect common access as the extension is in place of my existing garden, we are literally just changing the slight curve in the corner of the garden fence to a square shape.

          Comment


          • #6
            just be clear, I was referring to the building work while it is in progress, not to your extension once it is finished.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              Yes, building work won’t affect access in any way.

              Comment


              • #8
                I think it will be down to if any of the neighbours wish to complain. If you want to be sure and if you think there might be some resistance from neighbours try get the building inspector to agree first, even if you dont need approval from the building dept.

                Just for info

                Access usually have to be wide enough for an ambulance or fire truck to get up so make sure taking out the bend wouldn't affect that
                crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

                Comment


                • #9
                  Thanks for your reply, won’t affect that in any way. If land registry shows a slight curved fence this will obviously look different to an extension- who will raise this?

                  Comment


                  • #10
                    Without seeing a picky or plan its just a guess, but as long as your new building is all on your land and it dosn't affect anyone else access, no one can have a valid objection.
                    crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

                    Comment

                    View our Terms and Conditions

                    LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                    If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                    If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                    Working...
                    X