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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33806
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Dear Barrister, I have a peice of land with planing permision,(NGL336653)

Customer Question

Dear Barrister, I have a peice of land with planing permision,(NGL336653) to get to that peice of land is trew allew way Slindon Court what I have just a "right of way by foot traffic" only" (Question) Am I alloyed to Push Mechanical in the access way to able me to build, "Foot Traffic" means more then just just "by foot only"
Please reply,
Thank you
Jacob
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Just to check - you are asking if you can use the access to transport wheeled machinery?
You say that you have already had a written opinion?
Clare
Customer: replied 2 years ago.

Dear Clare,

I have a written opinion from a counsel ( if you provide me your email address i can forwerd you the counsel opinion) But i want your opinion as you are a Barrister, What is my rights in regards ***** ***** machinery, As I have the rights over the alle way by Foot Traffic" Only, that right is basd on a deed Indenture beck in 1920-1921.If you need more information please do no hesitate to contact me,

Thank you

Jacob

Expert:  Clare replied 2 years ago.
Hi
I am a Solicitor not a Barrister - I will opt out if you wish.
Clare
Customer: replied 2 years ago.

Hi,

Please reply to my question as a solicitor with experience,

Thank you,

Jacob

Expert:  Clare replied 2 years ago.
HI
The words are clear
You have a right of Way on foot only.
This would include any item designed to be pushed - such as a pram, a wheelchair, a lawn mower a trolley or a barrow
It could also include a push bike (if you were pushing it)
So any building aids you wish to use will have to fit on a trolley that fits on a Path
please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33806
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

HI,

I have recived a letter from the owners solicitors saying I quote "no right of use,store, or push mechanical machinery in the access way"Now

how do i go from here,!!!

Jacob

Expert:  Clare replied 2 years ago.
Hi
They are certainly correct in saying that you cannot use or store machinery on ir in the Access way.
However if one person can push the machinery down on a trolley (and it actually fits down the path) then you can take it to your land.
Clare
Customer: replied 2 years ago.

Dear Clare,

Thank you for the reply,

My situation is that it is not possible for me to build my piece of land what i have planing permission for, The freeholder will not allow me do any thing with my piece of lands, He is saying to me that he will put injunction against me not to alloow me build, He will be on site to whatch me on a dailly bases giving me the hardest time possibile, except if I give him £200,000.00, My question is, Is it possible for a judge to sort out the situation by order even for a fair price and force the freeholder to except a fair price to allow me build in a peicefully way,He has noting of that alle way he is not living there,

It must be a low or a order from a judge in a similer case to mine,

Please advice,

Jacob

Expert:  Clare replied 2 years ago.
Hi
Do you need the freeholder's permission to build?
Clare
Customer: replied 2 years ago.

Dear Clare,

The freeholder clames that the right of way for foot trafic I have Is just to walk by foot in and out of the alle way only and not to push a trolley or barrow,

Please reply to my previes email

Jacob

Expert:  Clare replied 2 years ago.
Hi
is the alley way wide enough for you to push a barrow?
bearing in mind there will be NO vehicle access to the property do you wish to go ahead with the build?
May I ask why you applied for Planning Permission without resolving this issue?
Clare
Customer: replied 2 years ago.

Hi

The allew way is wide enough to push a barrow about 9 ft wide,

I need access from the road to the site aprox 90 fit I will be able to build with out vehicle access,

I head the understanding that the right of way over the land by Foot Trafic is enough to serve my needs to build

Jacob

Customer: replied 2 years ago.

Please reply to my latest email

Jacob

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay.
For clarity on my part - you believe that you can bring everything onto the site in a hand pushed barrow - pushed by one person?
Clare
Customer: replied 2 years ago.

Good Morning,

I believe and think the use of the way to carry building materials on foot with simple things like two-wheeled trolleys to the land for the purpose of erecting a structure thereon is probably permitted,

That is my strong believe,Please confirm,Or please can I have your opinion,

Jacob

Expert:  Clare replied 2 years ago.
Hi
Provided you can push it in a wheelbarrow or something similar then yes you can take it to the site.
Anything larger (concrete mixer etc) is much less likely to be allowed
http://www.boundary-problems.co.uk/boundary-problems/priv-r-o-w.html
Clare

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