It is unlikely that at this late stage you would be able to postpone this purely to take different legal advice.
You are correct that you are able to demand a right-of-way which was as usable and adequate as the one you had before although in actual fact, you are able to demand the original one back although, if you stood by and watched the expansion go ahead without applying to court for an injunction to stop that in mid build, it’s unlikely that the court would order the original one reinstated unless as a result of that, it was now impossible for you to get to your property.
There is always a risk in going to court and unless you have after the event insurance (which you don’t mention) there is always the risk that you could have caught and solicitors costs awarded against you if your action is not successful.
Can I clarify anything for you? Please rate the service positive so that I get paid. We can still exchange emails. Best wishes. FES.
I think it’s essential that the easement is registered on the deeds otherwise you only have his agreement that there is an email easement, you don’t have a legal easement and that would be problematical if ever you came to sell.
However it isn’t registered so that you can put it on your deeds: it gets registered on his deeds and registered on your deeds. He should be responsible for the cost of that because none of this is of your making.
I think safety grounds was the a good reason for him to make the new easement bigger or better or more satisfactory than what is on offer in some way and for it to be at least as good as the old one
Yes but I think it’s essential that the observation comes in writing from a third party who is qualified to comment on that.
That has to be your decision I’m afraid based of course upon your evidence and the other side’s evidence. Nothing is ever cut and dried or guaranteed in litigation.