New Build Access Issue

[CMoss90]

Hi

We purchased a new build property having been told by the developers sales team that there would be mo access to a retained barn across the front of our property. We have also had this stated in an email from them since we moved in.

It has come to light that the access was actually granted when planning permission was given the year before we purchased our property.

Do we have any rights to fight the access or anything with the email we have from the developer?

Thanks in advance!

[lgfa92]

Easements can stay with the land, even where property is then sold on. A problem you have is that, if the existing easement was disputed, then if there was no other way of access to the property they be able to claim an easement of necessity in any case.

You may have some grounds against them for not telling you of the easement though. You'd really need to speak to someone who specialises in land law to take a look at it.

[lgfa92]

Easements can stay with the land, even where property is sold on. A problem you have is that, if the existing easement was disputed, then if there was no other way of access to the property they may be able to claim an easement of necessity in any case.

You may have some grounds against them for not telling you of the easement though. You'd really need to speak to someone who specialises in land law to take a look at it.