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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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I sold some of my garden land to a property developer.they

Customer Question

Good morning
I sold some of my garden land to a property developer.they constructed a road to the side of my property and at the time I asked for a cess to my garden which they agreed to.a dropped curb and a wall was constructed so it can be easily removed ie not tied into pillars either side.I did not want to put a gate at that time because my kids were young.now that I want to put the gate in they are denying me access saying I will be trespassing on to a private road. Where do I stand.
Submitted: 4 months ago.
Category: Law
Expert:  Jamie-Law replied 4 months ago.

Hello my name is ***** ***** I will help you with this.

Is it in your deeds that you have access to property?

Customer: replied 4 months ago.
No
Expert:  Jamie-Law replied 4 months ago.

Ok - so if its not in your deeds, on what grounds do you want the gate, if you dont own the land?

Customer: replied 4 months ago.
Ok at the time of development it was agreed to give me access that is why the dropped curb was constructed on the road it must show up on the construction plan or else why did they go to the expense of this construction.I have nothing in writing apart from the evidence of the construction
Expert:  Jamie-Law replied 4 months ago.

But if you have a dropped kerb, why do you now want a gate?
Or have I misunderstood?

Customer: replied 4 months ago.
Ok let me explain a dropped curb was made so a car can be driven in at the present time there is a wall in the way which was constructed by the developers to be removed easily now they are saying iv no right to access. My complain is if the access was not granted why did the developers at an expense to them self's go to the trouble of such construction
Expert:  Jamie-Law replied 4 months ago.

But was there any agreement that would you have access or a gate put in?