How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Remus2004 Your Own Question
Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70695
Experience:  Over 5 years in practice.
12826847
Type Your Property Law Question Here...
Remus2004 is online now

I have a legal easement over land which is being developed.

Customer Question

I have a legal easement over land which is being developed. The developer wishes to deny me access for a period of weeks in order that utilities can be installed into the development site. Can he legally do this ?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

When were you informed of this please?
Customer: replied 3 years ago.

They informed us end of October 2013 and we met with the developer on 5/11/13 to discuss what exactly this would entail and the timescale

Expert:  Remus2004 replied 3 years ago.
Thanks.

He actually cannot deny you access at all for any period. If you need the access then he is going to have to make arrangements either for you to have alternative access for the period or access whereby he has to provide boards or ramps or whatever over whatever he is doing.

That can actually be quite inconvenient for him and if you do not actually need the access all day every day then you might want to consider telling him that you will agree to this provided it is for a fixed period of time and he pays you for the privilege.

What I would also suggest is that he also pays you a fee for every day that he is late which he agrees is a genuine measure of the inconvenience that you will suffer and not any kind of punitive damages.
Punitive damages are not enforceable in English courts.

Can I clarify anything for you?

Jo
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

If we are denied access prior to any agreement being in place what actio can we take please

Expert:  Remus2004 replied 3 years ago.
If you need the access and it is blocked without warning then you can make an emergency application to court for an injunction to make them reinstate it.

It would be worth telling them that if they do remove your access without notice or consent, you will make a court application for an injunction and costs on an emergency basis without notice to them.
Expert:  Remus2004 replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’