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Stuart J
Stuart J, Solicitor
Category: Property Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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My daughter and her family live in a tiny 2 bed roomed cottage

Customer Question

My daughter and her family live in a tiny 2 bed roomed cottage but with a growing family want to extend. They have tried to sell but the bedrooms are so small - feedback from every viewing. They have 3 children in one bedroom which is 6 foot by 9!

There is a right over their garden by the neighbour, and the extension would mean moving this. They are objecting to planning on this basis. Is there an easy inexpensive solution please?
Submitted: 3 years ago.
Category: Property Law
Expert:  Stuart J replied 3 years ago.


Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other
users, I might not always respond in
minutes
, particularly evenings and weekends. Please bear with me in that
case



It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.






What kind of inexpensive
solution? With regard to the rights that the neighbour have and moving them?

What exactly is the right and
is documented in the deeds?




Unless I have all the facts that I need, my answer
would not be accurate.


Customer: replied 3 years ago.
I have read that changing a right over land -easement - change can be expensive in legal fees and of course they would have to pay neighbours legal fees. They have the money to add an extension but not much spare cash apart from that, with my daughter on maternity leave until Christmas. I wanted to find the cheapest way to do it with their neighbours being non co-operative to say the least. There is a gate and a path in front of Niicola's window going to her is path. We don't know s yet whether the deeds just state there is an access or if it states the route of it. They only ever use it to take their bin out, but again we don't know what the deeds actually say. I know that will be key but want to explore solutions ahead of going to their solicitor to see the deeds.

Thank you
Expert:  Stuart J replied 3 years ago.


There is no need to go to
solicitors at this stage. You can get both your daughters deeds and the
neighbours deeds here for a few pounds each title and each plan.

They arrive in minutes
https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/



solicitors pay 3 pounds per
document but solicitors use a different system and I do not know the cost of
this particular portal however, it is not prohibited.



Once you have the documents,
you can then see exactly what the right of way is.



However at this stage in time
you might want to save your money going to see a solicitor because I can tell
you that if there is a right of way, then unless the neighbour will agree to
change it, there is absolutely nothing whatsoever you can do. A court
application will simply fail. You need the neighbours consent.



Often, a neighbour will
become more willing if you offer money although the neighbour is able to hold
you to ransom and ask for a completely unreasonable figure and there is nothing
you can do about it (when I say "you", I obviously mean your daughter).



It comes down therefore
offering him amount of money that he really does not want to refuse and which
your daughter can afford.



If you let me know the exact
wording of the easement/right-of-way I may be able to add something further.



You mentioned that they only
use it for taking their bin out. In actual fact, it does not matter if they do
not use it at all. And easement does not cease to exist through non-use.



I appreciate that most of
this is probably not what you wanted to hear but there is no point in me
misleading you.



Does that answer the
question? I am happy to answer specific points.



Can I help further?



Please
don't forget to positively rate my answer service (even if it was not what you
want to hear).

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating. I

t doesn't give me, "a pat on the head", "good boy" (like ebay), it is my livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask.



I am
offline shortly until later and will pick this up then if needed

Customer: replied 3 years ago.
Thank you. We will get those deeds and get back to you later. The neighbours have them to ransom somewhat as they don't want my daughter to build an extension. It is something we have to find a solution to. Speak later. Thank you.
Expert:  Stuart J replied 3 years ago.






Yes, the neighbour can hold
them to ransom and there is no court or tribunal that can firstly make them
change their mind or secondly, if they asked for an extortionate amount of
money, make them accept less

Customer: replied 3 years ago.
Ok, we have a copy of the title and they state the right of way as marked, so it is a set route over the garden. So are you saying that the only way to get that route altered is for both parties to agree, however that agreement is reached? If the answer to that is yes, can the planning authority not agree our plans and enforce a route change?

Thank you
Expert:  Stuart J replied 3 years ago.


To answer your question, yes,
you are correct the only way to get round it is for the parties to agree.

I suggest that you would
agree before applying for planning permission because this is not something
that the planning permission firstly get involved with and secondly have any
control over. They would grant planning permission regardless of whether it is
possible to build it (because of easements or covenants) or not.



I'm sorry, I appreciate that
this is not the answer you wanted but there is no point in me misleading you.



 



Does that answer the
question? I am happy to answer specific points.



Can I help further?



Please
don't forget to positively rate my answer service (even if it was not what you
want to hear).

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating. I

t doesn't give me, "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask.



I am
offline shortly until later and will pick this up then if needed

Customer: replied 3 years ago.
Unfortunately the planning application has gone in and been paid, it was believed the easement wasn't route specific.

So even if the granted planning, which I doubt as the have raised this in their objection, the couldn't build while veer the easement is an issue. How unfair that both parties have to agree changes - it should b something the council planners could deal with. I bet they aren't the only ones to have issues with neighbours where easements are involved.

If I have understood that right I don't think you can help further unless you can think of a magic solution!! They have them over a barrel which would suit the neighbours perfectly as they don't want the extension.

Thank you


Expert:  Stuart J replied 3 years ago.


I have not seen the easement or
the plan so I do not know.

It would depend whether the
neighbour was still able to exercise the right with the extension in place.



If it says for argument sake it
says that there is a right over the land shaded brown and it is the land shaded
brown on which the extension was to go then the extension is going to be a substantial
obstruction.



If the neighbour does not
agree she can actually make an application to court for the court to determine the
matter and decide whether what she is proposing breaches his rights or not.



 



Does that answer the
question? I am happy to answer specific points.



Can I help further?

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