the conveyance dated 9 January 1956 referred to above contains the following provision ..
it is herby agreed and declared that the purchaser shall not other than as expressly provided become entitled to any easement or right of light or air or other easement or right which might restrict or interfere with the free use of the adjoining or neighbouring land or the vendor by him or any other person deriving title under him for building or any other purposes.".................but it dose not say anything about a new dwelling
conveyance of the land dated 1966 contains the following provision....together also with full right and liberty for the purchaser and he successors in title owners or occupiers for the time being of the property hereby conveyed and her or their respective servants and licensees 9in common with all others having a like right) at all times hereafter by day or night to pass to or from the property hereby conveyed from or to the lane afore said over and along the private track with or with out vehicles of any description and with or with out animals for all purposes what so ever.
when I say appropriated I mean used for many years
I your opinion is it worth pursuing it through the courts would I stand any chance in stopping the building ....?
thank for your clarification and advice ..........