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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have social housing being built in the field behind our

Resolved Question:

We have social housing being built in the field behind our property. Access is past our gate.
The contractors are doing the road but the design has meant that for the last 12 weeks we have not had vehicle access to our property. On top of that the three entrances we have. i.e. back gate, garage and double gates, the kerb is approximately 12" higher than our property which means we have to have the gates changed, the wall raised, the brick paving taken up and re laid with drainage, tarmac in front of the garage replace and the entrance at the back gate changed. We are in talks with the contactors about the works being done. We were not informed at any time that our property would be changed. The stress is unbearable. Do we have a case
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Was there planning permission etc? Did the planners approve the road etc?

Customer:

Planning permission was granted but there has been I believe an error by the MBA in the drawings.

Alex Watts :

Have you written to the Company please?

Customer:

we have a meeting tomorrow

Alex Watts :

Ok.

Alex Watts :

Not being able to use your access is called a nuisance.

Alex Watts :

You could claim loss and damage for this

Alex Watts :

As for the incorrect spec as to the road, then you are quite right

Alex Watts :

Because its caused by them and not you, they are responsible for any alterations you have to make

Alex Watts :

Its likely to be the building company responsible (such as Wimpey) rather than the sub contractors etc

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

How do you suggest I approach the subject

Alex Watts :

Just set out what the problems are

Alex Watts :

Make a list

Alex Watts :

Show them

Alex Watts :

And then ask what are they going to do about it

Alex Watts :

Does that help?

Customer:

Thank you. Being pensioners the whole thing is scary. My husband is 80 next birthday and you feel that nobody cares on the impact to your life. I will write a list and hopefully will not forget anything. These works were supposed to be 2 - 4 weeks and now 12 later not complete so as you can imagine having to walk 100's of yards with shopping etc has not been easy.

Alex Watts : Yes I can understand, your position is strong though.
Alex Watts : If this answers the question can I invite you to rate my answer. If the system won't let you please let me know.
Alex Watts : If you need further help please click reply.
Customer:

Can all the above points be sent to my email address?

Alex Watts : Once you rate the format changes so you can copy and paste the communication.
Alex Watts : Can I clarify anything else?
Customer:

Thank you will keep fingers crossed

Alex Watts : Great. Please remember to rate my service before you go.
Alex Watts : Good luck.
Customer:

Unable to rate

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Expert:  Ash replied 3 years ago.
Try now.

Thanks

Alex