Hello. The neighbours could seek to injunct you from obstructing their right of way, and so it is best to ensure that you instruct your builders not obstruct it, if possible. If that isn't possible, the neighbours might follow through with their threat. However, a recent court case has changed how the courts will approach injunction applications relating to the interference with rights such as easements. In effect, if there is a non material interference, they will probably not grant an injunction, but award damages instead. If there is no material interference, the damages are likely to be small.
Thank you for the reply, we thought the injunction is automatically happens and then we go to the court next.
So the court need to look at the case first, then they either serve the injunction or the damages? Sorry we are not very familiar with these.
could you describe the process of our neighbor asking the injunction?
and how much is it likely to cost us if they do ? for the legal and court fees? and the damages?
Do we need to pay for the neighbors solicitor when the court decide on the damages? also how about the court fee?
What is the "no material interference" ?
Also could you replay to Question2. Can we ask the court to suspend the ROW while the work going on due to the health and safety?
thank you very much
Thank you for the reply. sorry the last question, is this case, do we need to pay their solicitors/lawyers fee then?