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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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I am in the UK. I wish to obtain an injunction to restrict

Resolved Question:

I am in the UK. I wish to obtain an injunction to restrict the weight of vehicles able to use a grass entry access to the Sports field at the rear of my house. The brick built gabble end of the house is just 2 meters from this entry access, the ground is spongy when wet and it has been witnessed in the past that heavy vehicles cause sideway pressure and buckling to the ground. The sports feild belongs to our Parish Council, with whome I have always agreed in the past that mowing machines and emergency vehicles are ok, unfortunately the local sports association have a planning application in for a large pavillion and meeting house to be put in an area of the field, they plan to use the access discussed to drive heavy lorries onto site. There is another means of access to site.
Submitted: 2 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 2 years ago.
hello - who owns the accessway please?
Customer: replied 2 years ago.

Sorry for delay.

The Parish council own the accessway and playing field in trust for the parish.

But as I have already stated there is another way into the playing field via the car park which is no problem in terms of other properties structurally only nuisance.

It appears the only reason that they want to use the access at the side of my property is that it is nearer to the proposed site for the new pavilion.

Expert:  wingrovebuyer replied 2 years ago.
Thanks. If you can demonstrate (ie by a surveyor's report) that the larger vehicles pose a threat to your property, you could possibly obtain an injunction against them using this access, especially if an alternative option exists for them. I suggest you get a structural surveyor out to listen to your concerns and to do a report. If he concludes that the vehicular movements pose a threat to our property, then send a copy to the Parish Council and say that this is of huge concern and you will not tolerate any risk caused by this potential nuisance and that unless they agree to using the other access, you wwill seek an injunction and costs against them. That might just do the trick. If not, then you will have to instruct a solicitor and barrister to put in a claim for interim injunctive relief to the court. Be warned - in doing so, you have to indemnify the Parish Council and their tenants against any losses arising if the court later finds the inunction was not sustainable. The costs of this may be around £3k - £5k, but if the court feels you h fairly, they may award you some of this back against the Parish Council. Best, WB
Customer: replied 2 years ago.

Sorry on the last full line of your reply "but if the court feels you ?????, they may award you"

Regret cannot read correctly.

Expert:  wingrovebuyer replied 2 years ago.
Sorry, bad typing. Should have said "...if the court feels you have acted fairly..."
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