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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
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Hi, we have a right of way over the land next door. The ROW

Resolved Question:

Hi, we have a right of way over the land next door. The ROW reads to our back garden.
This land is about to get developed. The plan shows they are keeping the ROW, building write against it.
But we are worried because of the building work, we can not use the ROW.
Is it possible to file injunction against building work before it starts?
How likely we can obtain injunction instead of the damages?
We are not using the right of way everyday, mostly once a week, does this matter to the court case?
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.
Hello. Are you certain that the works will block your right of way? Presumably, once the building work is complete, there won't be a problem?
Customer: replied 3 years ago.

I am not sure how much it will block it. but certainly I would not be able to use it all the time.


 


yes there would not be a problem once the building work is finished. I would imagine takes about a year.

Expert:  wingrovebuyer replied 3 years ago.
Thanks. You could certainly apply for an injunction to stop the works, even before they've started, but I am fairly sure you would be awarded damages instead of an injunction. The level of damages would depend on your loss. If you only use the ROW only a few times a month and have other access, and if the development won't permanently affect the ROW, I suspect the damages will be minimal unless your use of it is essential and the interference caused by the works will cause you significant inconvenience.
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