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Do they council have a private property which has a garden and for which they are using the easement?
Can I have the precise wording of the easement please?
Thanks for your question. I will try to help.
If the wording of the easement does not include the private garden land then they do not have a right to access the private garden land as a result of the easement.
If they are attempting to rely on easement in order to access the private garden then you could certainly refuse them access on this basis and they would have little hope in relying on the easement itself alone to gain an access order at court.
I would caution that although they may not have rights to access the garden under the easement the Access to Neighbouring Land Act 1992
allows neighbours to apply for access to private land of neighbours at court where there is no other way to access the land and access is required for the purpose of;
So if the work they were carrying out fell in to one of the above property (note this does not include cosmetic gardening, just essential gardening to prevent the property overall deteriorating) then they could in theory attempt to apply for an order on this basis and get around the easement this way. This seems like a sledgehammer to crack a nut to be honest and I doubt they would both for a small private garden.
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