Neighbour attempting to restrict/redefine an easement.

[Monty61]

If you have an easement right “at all times with or without vehicles to pass and repass over land to access to or egress from the property” can the servient tenement dictate the type of vehicle used? For example preventing the delivery of building materials, but allowing the delivery of a sofa.

It seems illogical to me that a neighbour seems to think they have the right to determine who we can and cannot visit our property to deliver items.

[atticus]

On the basis of what you have said, I provisionally agree. That answer may change with the provison of full details.

[islandgirl]

Is this the location where new houses are being built? If so I wonder if they could have any issue re the amount of usage? May be barking up entirely the wrong tree here!

[Monty61]

Is this the location where new houses are being built? If so I wonder if they could have any issue re the amount of usage? May be barking up entirely the wrong tree here!

No, this easement has been in existence since the mid 80’s. We would like to carry out some minor building works on our own land, predominantly in our back garden, but the neighbour has indicated that this would be outside the scope of our easement rights, and fall within the Access To Neighbouring Land Act 1992.

We have not purchased any additional land and with the exception of loading & unloading we do not need to use any of the neighbours land for the building works.

[atticus]

So far, I still agree.

[islandgirl]

Thank you - I had seen another post about someone who had applied to build houses in their garden and had a similar problem. On the surface there does not seem to be a reason why access can be refused?