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propertylawyer
propertylawyer, Solicitor
Category: Property Law
Satisfied Customers: 232
Experience:  Property solicitor with expertise in commercial and residential property transactions.
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Car blocking an easement to the entrance of my flat. My flat

Customer Question

Car blocking an easement to the entrance of my flat.
My flat is only accessible via an easement (which starts at the front boundary line and runs over their front garden and the down the neighbour's side passageway.)
The easement is on my lease.
At the front of the property, the easement previously had a fence separating their front garden/driveway from the path of the easement. Recently, they removed the fence and a car (The car appears broken/abandoned & hasn't moved in a couple of months, but I believe it to either be the owners or one of the tenants who lives there) has appeared, which is completely blocking my access over the easement. To get to my flat, I have to walk around the car, going onto their land (which I have no right of use over).
I am of the opinion that I should start with a strongly worded, but friendly letter.
My questions are;
Is the letter the correct way to proceed, and if so, is there anything I should or shouldn't put in the letter?
Where and to whom should I address the letter? I have downloaded the title information from the land registry with a different address on. Should I use those details?
Can I get them to reinstate the fence? (It was probably their fence - it was there when I purchased the property, but I had repaired it a few times) When the fence was first removed, but before the car was put there, it led to lots of rubbish being dumped and I had seen vermin a few times - and still do now with the car there.
Any other additional advice that you could give would be greatly appreciated.
Thank you
Submitted: 24 days ago.
Category: Property Law
Expert:  propertylawyer replied 23 days ago.

Hi

To answer your questions :

1. The letter is the appropriate first step. you inform the flat owner over which you have a right of way and a copy to the landlord / freeholder. you state you right of free and uninterrupted use and refer to the right in the title deeds. you state that there is an obstruction which is interfering with your right and you want the obstruction removed within 21 days. If No action is taken you will have no option but to refer to the court for an injunction.

You can potentially emove the obstruction but do not mention this as the neighbour may sit back and wait for you to do it. I don't recommend this because if you cause damage you will be liable to make good.

2. send the letter to the address stated on the title document.

3. Unless there is an obligation in the title deeds for there to be a fence then you have very little chance of succeeding in getting it reinstated.

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