A grant of easement allowed for the overhang of guttering on my property.

[molly001]

Good Afternoon,
Some years ago an agreement was made to allow my neighbours and Asian Community Center to have guttering overhanging in my airspace. This was as a result of a court battle when they erected scaffolding partly on my property without my knowledge/consent (elderly mother lived in the house at the time)
The builders walked over my roof without roof ladders with no safety netting, I got involved an obtained an injunction, suing them for damages. I was paid and work commenced. and got completed.
The final outcome after payment was a fee of £50.00 a year, payable to me for my air space. It is registered at the Land Registry.
I am having increasingly difficulties to get payment and have to write asking them for the fee, this is my time and at my cost.
Again June and no payment and they are in breech of the agreement.
What are my options apart from chasing the bill?
1) Can I increase the charge to allow for my costs ?
2) Insist they take the guttering off, reduce the roof area and use their own air space ?
My property is up for sale and they want the house it is attached to their community center, but at a very low below value price. I am happy to accept a lower than valuation price but at a reasonable offer (they are looking for a £19,000 reduction!) I will take a £14,000 reduction and that makes it a very cheap property. My estate agent is being bombarded with stupid offers and calls I am finding it all a bit intimidating. Particularly when two small windows were broken and a reduced offer was made a couple of days later.
If I have a legal right to carry out any of the latter it may help me to get the price I want to make me go and them away.
This matter has been ongoing since my mother died 3 years ago, and I would like to bring the matter to a close.
Any advise would be most gratefully appreciated .Thank you:tinysmile_grin_t:

[Celestine]

Re: A grant of easement allowed for the overhang of guttering on my property.

As your property is on the market, can you not engage a solicitor to take into account this dispute as part of the sale procedure. Am I correct in understanding that the Community Centre owe you the easement payment AND also now want to buy the property?

There must be a way of resolving this via the sale?

[molly001]

Re: A grant of easement allowed for the overhang of guttering on my property.

Hi Celestine,
Thank you for the response. Yes they own the Community Center and owe the money and are after buying the property.
I have tried for 3 years to negotiate ....... and got no where.
They are a group consisting of very stubborn but pleasant elders with deep pockets , unfortunately they don't want to part with any more money than they can get away with.:tinysmile_cry_t:
I really want to know the legalities of the guttering easement so I may have another string to my bow ? It may help push matters to a conclusion?
Thank you again for your time .:tinysmile_grin_t:

[enquirer]

Re: A grant of easement allowed for the overhang of guttering on my property.

My property is up for sale and they want the house it is attached to their community center, but at a very low below value price. [...]My estate agent is being bombarded with stupid offers and calls I am finding it all a bit intimidating. Particularly when two small windows were broken and a reduced offer was made a couple of days later.

Report the broken windows to the police (get a Crime or Incident number), then mention to both agent and would-be buyers that you have done so. Write to your agent (do not telephone or email), stating your price. Make it abundantly clear that no lesser offer will be entertained.

I have tried for 3 years to negotiate ....... and got no where. [...] I really want to know the legalities of the guttering easement so I may have another string to my bow ? It may help push matters to a conclusion?

I suspect that you will simply be stonewalled. Better to follow the above and then market it aggressively elsewhere.

[molly001]

Re: A grant of easement allowed for the overhang of guttering on my property.

[QUOTE=enquirer;446824]Report the broken windows to the police (get a Crime or Incident number), then mention to both agent and would-be buyers that you have done so. Write to your agent (do not telephone or email), stating your price. Make it abundantly clear that no lesser offer will be entertained.

Thank you Enquirer
I reported it to the police and got a crime number etc. The police also spoke with the center and asked if they knew anything about the incident . They informed the center that they would be keeping an eye out for any anti social behaviour. I tried to contact the agent but he was off from Wednesday. I did however make it clear that I did not wish to enter into any further conversation regarding a further reduction.
The price is as it is .
Thank you for your time and assistance it is much appreciated.