How do I protect an Easement from being built over.

How do I protect an Easement from being built over.

Postby ferdinand » Tue Nov 07, 2017 8:55 am

I would be grateful for advice on the following situation.

I puchased a refurbished house from a developer recently, and negotiated an easement for installation of future services underground (comprehensive wording written by my solicitor, diagram attached to the title information) across what was to be garden of a future house next door.

Now they have changed their intentions, and a Planning Application has been submitted which puts the corner of a proposed house across the area marked in my Title as covered by the Easement corridor.

Clearly I can object to the Application using grounds material to planning (eg not enough parking spaces or private amenity space etc), but "material grounds" does not include an Easement for services to another house - though I could argue the marginal grounds of loss of amenity by preventing proper access to services by building on an Easement.

But my question is: what can I do to protect this Easement, which currently has no services installed in it?

Once building starts, if PP is obtained, I can potentially use an Injunction, and perhaps I need a solicitor's warning letter now.

But if I install services now (or ducting therefore) to the full width, will that help later?

Can an Easement be moved by the servient landowner?

Cheers

Ferdinand
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Re: How do I protect an Easement from being built over.

Postby MacadamB53 » Tue Nov 07, 2017 9:10 am

Hi ferdinand,

But my question is: what can I do to protect this Easement, which currently has no services installed in it?

Once building starts, if PP is obtained, I can potentially use an Injunction, and perhaps I need a solicitor's warning letter now.


you’ve answered your own question.

if I install services now (or ducting therefore) to the full width, will that help later?

it will help insofar as it will strengthen your case and may mean their plans are altered.

Can an Easement be moved by the servient landowner?

no.

a question for you, if I may:

will the proposed development prevent you from laying the services you require in the area marked on the plan? ie does the corner completely straddle the easement corridor?

kind regards, Mac
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Re: How do I protect an Easement from being built over.

Postby ferdinand » Wed Nov 08, 2017 5:39 am

Thanks for your comments, Mac.

>will the proposed development prevent you from laying the services you require in the area marked on the plan? ie does the corner completely straddle the easement corridor?

The easement is a couple of metres wide, and the corner of the newbuild goes approximately 80% across that on the plan as far as I can tell, so interferes with quite some length too.

By the time foundations are in, that will essentially be right across to a depth of 900mm.
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Re: How do I protect an Easement from being built over.

Postby Collaborate » Wed Nov 08, 2017 8:27 am

It sounds like the proposed build would be a material interference with your easement, by preventing you exercising it. Time to lawyer up. Check your home insurance for legal cover.
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Re: How do I protect an Easement from being built over.

Postby ferdinand » Wed Nov 08, 2017 10:20 am

Cheers
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Re: How do I protect an Easement from being built over.

Postby arborlad » Wed Nov 08, 2017 10:26 am

Is there any connection with this thread?: viewtopic.php?t=1509
arborlad

smile...it confuses people
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Re: How do I protect an Easement from being built over.

Postby ferdinand » Wed Nov 08, 2017 11:14 am

arborlad wrote:Is there any connection with this thread?: viewtopic.php?t=1509


No.

Cheers
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