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 wingrovebuyer Your Own Question

wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
22732369
Type Your Property Law Question Here...
wingrovebuyer is online now

We are trying to build a house on a plot of land which our

Resolved Question:

We are trying to build a house on a plot of land which our neighbor has a right a way to their back garden.

They have "private right of way" and it is clearly specified in their deeds.

"Together with a right of way at all times and for all reasonable
purposes for the Purchaser and his successors in title the owners or
occupiers for the time being of the property hereby conveyed or any
part thereof and their respective servants and licensees with or
without vehicles to and from the property hereby conveyed over and
along that part of the passageway coloured green on the said plan
subject to the Purchaser paying a fair proportion of the cost of
maintenance of the said passageway."

some parts of the right of way about 3m and some parts 2.5m wide.
We are building a house right against the "right of way" area.

The neighbors house is topical Victorian terrace, and the garden is about 4.5m wide 6m long. We believe they are not using the right of way access at all. But the neighbor claims they need to use it to move their garden equipment and bikes etc.

We would imagine when the building work starts, we will try as much as possible not to block this right of way. But we are sure sometimes [perhaps 1-2 day], they might not have access for the right of way due the building work, i.e. digging for the foundations.

Question1: Can our neighbor get injunction against the building work? [they are telling us they are going to, if we build our house next door. . . they are very against it..]
if so, how much interruption is enough to get an injunction? A few hours of obstruction? or a few days?

I have read somewhere, they need to write a letter to give us 7 days notice to remove all the obstruction.

Dose this mean we can obstruct the right of way for a few days and we are safe?

Question2. Can we ask the court to suspend the ROW while the work going on due to the health and safety?


Many thanks
Submitted: 2 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 2 years ago.

wingrovebuyer :

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.

Customer:

Thank you for the reply, we thought the injunction is automatically happens and then we go to the court next.

Customer:

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.

Customer:

could you describe the process of our neighbor asking the injunction?

Customer:

and how much is it likely to cost us if they do ? for the legal and court fees? and the damages?

Expert:  wingrovebuyer replied 2 years ago.
Hello. Yes, they'd apply for an injunction and the court will consider it without you having any say at that stage. However, the court will now give greater thought to whether or not damages would be more appropriate than an injunction. In this case, I'd say they would think they are. If the neighbours take this action, you would need to defend the claim, and ideally you need a solicitor and a barrister. However, I think you could probably appear at court yourself, to explain that the interference is immaterial. You'd have to pay around £5000 plus vat if you used lawyers.
Expert:  wingrovebuyer replied 2 years ago.
The injunction process is really just a simple application to court, asking them for an injunction, in essence.
Customer: replied 2 years ago.

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

Expert:  wingrovebuyer replied 2 years ago.
Hello. No, the court will not "suspend" the easement. The court will decide on costs. Even if they award damages to your neighbours, they may feel you haven't really done anything wrong, and they might recognise that your neighbours were being deliberately awkward because they're annoyed at your plans. "Material interference" is a question of degree. If the neighbours rarely use the right, and it's only blocked for a few days, that would be an interference, but only an immaterial one. So the damages won't be much.
Customer: replied 2 years ago.

Thank you for the reply. sorry the last question, is this case, do we need to pay their solicitors/lawyers fee then?

Expert:  wingrovebuyer replied 2 years ago.
Sorry, I can't say. As above, the court will decide on that. However, I think your neighbours are being unreasonable and pedantic, and I think the court would agree. So, they may award costs against you, in your favour or leave each party to pay their own costs. It's up to them, based on the conduct of the parties.
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience: Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
wingrovebuyer and 2 other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions