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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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We are one of several properties accessed by an unadopted single

Resolved Question:

We are one of several properties accessed by an unadopted single track road. A neighbour is moving house and has just put a notice at the end of the lane announcing that the removal truck will block the lane on 18th and 19th June between 9am and 4pm. Four properties will be affected. In our case we have about 20 residents who go to work at various times during the day; we also have deliveries and a refuse truck to consider. In short it will be a terrible nuisance. Is he allowed to do this?
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, welcome to the website. My name is***** can assist you with this.

tdlawyer :

The properties served by the single track will likely have a covenant in their favour (perhaps registered at the land registry) allowing unhindered access using the track. Do you know whether this is the case?

Customer:

I don't know the answer to that and will have to go into it on Monday. Can I get back to you then please?

tdlawyer :

Yes, of course, or I can tell you the position with and without, and then you can look in your own time, whichever you prefer?

Customer:

OK, thank you.

tdlawyer :

Which one?

tdlawyer :

Know now, or Monday?

Customer:

I suspect there is a covenant so just in case there isn't what is the position then?

tdlawyer :

If there isn't, then you would have to rely on the common law of nuisance, possibly public and private nuisance. Usually, private nuisance affects one person, whereas public nuisance affects a community at large. Because of the number of people affected here, this might be considered a public nuisance, which is important, because a public nuisance is a criminal offence.

tdlawyer :

That means any deliberate obstruction could be left with the perpetrator being prosecuted.

tdlawyer :

The threat of this alone, in advance of the blocking occurring, might be enough to make alternative arrangements be figured out.

tdlawyer :

Otherwise, from a private law perspective (i.e. between a few people), then you might be able to secure an injunction from the court to prevent a threatened nuisance from occurring.

tdlawyer :

Of course, a well worded solicitors letter is likely to do a decent job of preventing this from happening in the first place I would have thought.

Customer:

Thanks, ***** ***** a very useful reply. My partner is the property manager here and she is going to call on the "perpetrator" on Monday to try and resolve the matter. If it can't be resolved she will ask the owners to do as you suggested and get a stiff letter sent his way.

tdlawyer :

Sounds reasonable to me! I'm pleased you found that useful, I'm happy to add to anything if you need me to. Can I just ask whether you're happy with the service today please?

Customer:

Yes indeed and I will select the very smiley face!

tdlawyer :

Thank you! A very smiley face from me too! :)

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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