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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
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My neighbour gained planning to build an extension over my

Resolved Question:

My neighbour gained planning to build an extension over my right of way (included in my deed). this has caused a lot of difficulty over the 2 years she has been building, with debris very narrow rough ground, over growing shrubs bumps lumps and ditches, which I have put up with little complaint. She is about to have work done to create a new path and entrance. I am concerned about the suitability of the new path as I have MS, which affects my mobility. The right of way is essential for many reasons , taking bins out removal of garden waste fuel deliveries and access to the rear of my property etc.. I have politely by letter requested to know what she plans as her original building design has changed and the newly created right of way which previously only included one small step. I am able to live independently as long as the condition of the new path is similar to the old one. Changing the right of way was discussed at the initial planning but nothing was agreed. My neighbour said it was and although I notified the planning department no such agreement had been made, permission went ahead. The only response from my neighbour to my letter is to send around her electrician to tell me the way will be inaccessible for 5 weeks from Monday due to diggers and holes being made. My only concern is to have a right of way restored that is equivalent to the old one. How can I proceed, I do not find my neighbour easy to communicate with, hence the letter in the first place. I do not think I am being unreasonable. Thank you for your help
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

I do not think you are being unreasonable at all. Am I right in thinking that the plans as approved do not mention what will be put in to restore the right of way? Was there something in the original plans and the permission about the right of way at all and if so what?

Customer:

Hi

Customer:

H

Customer:

hi. there was only a proposed change of route indicated on the original plans which I saw, but the design was changed at a later date. there was no indication of what this might entail. The subject of the right of way did not seem to be considered, and in principle I did not object to a change, but there was no agreement before the plans were passed and I commented on this before the permission was granted when there was reference to there being no loss of facility to other detached neighbours but not to myself. Loss of a suitable path would constitute to a loss of facility to me.

LondonlawyerJ :

I think you need to try and find out what the plans are again. If she is not forthcoming and the work is imminent you will not practically be able to do anything except to watch what she is doing and if it seems wrong to tell her immediately. You would be able to take action if she puts in a path that is no any use to you and it might be worth reminding her of this at this point and suggesting that a good deal of potential trouble could be avoided by talking to you at this stage. If she ignores you and puts in a path that is not satisfactory you will have to take action after the event.

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