Easement over drive and planning

[granville997]

Good afternoon,
I own a house which solely owns the land which has an easement over to allow two neighbours access to their homes. No issues 25 years all good never blocked by any one I keep on top of hedge etc looks good neighbours appreciate this. New neighbour two years ago let someone park part on his bit and crossing over on to my bit pulled him up on this,im ok for people to park solely on his property but not ok with any part on my property said I was being petty as I can still pass, not happened since.
Now plans gone in to extend he has shown my land in his block plans and quoting distances from proposed extension to over my drive and not his boundary as show on land register. This makes it look like his 6m extension is 6 m away but it's actual 2/m away to land register boundary?
Also moved where he enters his property further down my property and not the current position as easement, currently there is a fence owed by me and in deeds which state I'm esponsable for. All boundaries have been same for 25 years nothing has changed since he bought property. He has had a boundary survey do has said in passing some other neighbours have renewed fence in wrong plases but he showed me the spray marks surveyor marks on my boundary and the are exactly where fences are. Also runs a buliding business from home lads coming in morning ,skips once a week bring waste back from jobs to load in skips at home and also a beauty business 3/4days week approx 10 cars a day down drive ?
What recourse do I have ?
Can anyone recommend i professional to draft planning objection
Thanks

[LooneyTunes]

granville997 said:

Now plans gone in to extend he has shown my land in his block plans and quoting distances from proposed extension to over my drive and not his boundary as show on land register. This makes it look like his 6m extension is 6 m away but it's actual 2/m away to land register boundary?

Also moved where he enters his property further down my property and not the current position as easement, currently there is a fence owed by me and in deeds which state I'm esponsable for. All boundaries have been same for 25 years nothing has changed since he bought property. He has had a boundary survey do has said in passing some other neighbours have renewed fence in wrong plases but he showed me the spray marks surveyor marks on my boundary and the are exactly where fences are.

Also runs a buliding business from home lads coming in morning ,skips once a week bring waste back from jobs to load in skips at home and also a beauty business 3/4days week approx 10 cars a day down drive ?

What recourse do I have ?

You have three/four distinct issues there:
1) If your only concern about the extension is that it's too close, then that's a simple letter to the planners pointing out that the plans are erroneous and misstate the boundary. They may care a great deal about this as it impacts fire separation distances.

2) If he's wanting to change where he enters his property, and use land over which he has no rights, then that is a commercial discussion. The planners are unlikely to care.

3) If you're worried about the easement, then you need to get someone to look at "intensification" https://www.pinneytalfourd.co.uk/intensification-e... If you're worried about the land usage then there's a whole slew of things you could look into from Waste Carrier Licensing, environmental permits/exemptions, etc.

Ultimately you'd need to decide what your objective is, how much you'd be prepared to throw at lawyers, and how much you want to fall out with him.

[normalbloke]

Move.

[OIC]

Apart from the word salad, this has potential to be interesting.

Why (the fk) do posters write like that?

Did you go to skool?

Is English not your first language?

Re-post it in a legible form (get AI to do it if you can't) and we will gladly take a look.

[granville997]

Thanks for comments your right I'm not the sharpish tool in the box when it comes to the written word.
Will looking into AI

[E-bmw]

OIC said:

Apart from the word salad, this has potential to be interesting.

Why (the fk) do posters write like that?

Did you go to skool?

Is English not your first language?

Re-post it in a legible form (get AI to do it if you can't) and we will gladly take a look.

Just WOW!

[E-bmw]

granville997 said:

Good afternoon,
I own a house which solely owns the land which has an easement over to allow two neighbours access to their homes. No issues 25 years all good never blocked by any one I keep on top of hedge etc looks good neighbours appreciate this. New neighbour two years ago let someone park part on his bit and crossing over on to my bit pulled him up on this,im ok for people to park solely on his property but not ok with any part on my property said I was being petty as I can still pass, not happened since.
Now plans gone in to extend he has shown my land in his block plans and quoting distances from proposed extension to over my drive and not his boundary as show on land register. This makes it look like his 6m extension is 6 m away but it's actual 2/m away to land register boundary?
Also moved where he enters his property further down my property and not the current position as easement, currently there is a fence owed by me and in deeds which state I'm esponsable for. All boundaries have been same for 25 years nothing has changed since he bought property. He has had a boundary survey do has said in passing some other neighbours have renewed fence in wrong plases but he showed me the spray marks surveyor marks on my boundary and the are exactly where fences are. Also runs a buliding business from home lads coming in morning ,skips once a week bring waste back from jobs to load in skips at home and also a beauty business 3/4days week approx 10 cars a day down drive ?
What recourse do I have ?
Can anyone recommend i professional to draft planning objection
Thanks

OP, it seems to me (IANAL) that you need to speak to your local planning department & may also need legal advice on this one.

I am no expert but if I were you, I would be doing this immediately & possibly doing a "free 30 min" legal appointment with a solicitor or going to CAB for advice, but do NOT delay.

[OIC]

granville997 said:

Thanks for comments your right I'm not the sharpish tool in the box when it comes to the written word.
Will looking into AI

Awwww, now I feel bad.

E-bmw said:

Just WOW!

Lol.

Soooooo. It sounds like you have a joker bully-boy neighbour who's taking the piss.

Hopefully you got legal services cover with your home insurance.

Tell them.

If not, citizen's advice may help (unlikely to be much good but may recommend a solicitor).

Or, as advised above, get yourself a 30 min free consultation with a solicitor who specialises in land law.

Save a bit of time and money by downloading from the Land Registry .gov website all title register and plot maps relating to you and all your neighbours.

Used to be £3 a pop per document.

Now £7, which means you may need to cough up £50 or so just for those.

But a solicitor will charge a few £100 to do the same thing.

If you want to, post up the plot maps anonymised plus your title register where it refers to the easement.

HTH.

[E-bmw]

OIC said:

granville997 said:

Thanks for comments your right I'm not the sharpish tool in the box when it comes to the written word.
Will looking into AI

Awwww, now I feel bad.

E-bmw said:

Just WOW!

Lol.

Soooooo. It sounds like you have a joker bully-boy neighbour who's taking the piss.

Hopefully you got legal services cover with your home insurance.

Tell them.

If not, citizen's advice may help (unlikely to be much good but may recommend a solicitor).

Or, as advised above, get yourself a 30 min free consultation with a solicitor who specialises in land law.

Save a bit of time and money by downloading from the Land Registry .gov website all title register and plot maps relating to you and all your neighbours.

Used to be £3 a pop per document.

Now £7, which means you may need to cough up £50 or so just for those.

But a solicitor will charge a few £100 to do the same thing.

If you want to, post up the plot maps anonymised plus your title register where it refers to the easement.

HTH.

Not normally one to defend solicitors, but you may be wrong in your cost estimate there.

Currently buying & wanted a copy for myself, they charged the online fee only.

[granville997]

Morning,

I have legal coverage under my home insurance and I have copies of all the title deeds. I'll be notifying the legal cover providers as soon as I return from my holiday.

I've already informed the planning department about including my property in the block plan. I plan to submit a full objection when I get back. Additionally, I'll look into the possibility of intensifying the easement as well.

It's just the cheek of it. I'm sure he has no right to do this just trying it on,

[OIC]

Good man - as you very sensibly have legal expenses cover on your home insurance policy it's now game on!

'Intensification' of an easement refers to a situation where the beneficiary of the easement begins to take the piss, by essentially abusing its use.

For example, they may have the right to access their driveway across your driveway.

Intensification would include starting to run a business from home, where they have regular deliveries or collections from their house and thereby begin to affect your access to your property and cause damage to the driveway surface.

The original purpose of the easement would have been to grant them reasonable access rights to their property, and would not permit them to 'intensify' this access by running a business requiring significantly more access.

You will now need to spend a few months calmly arguing with your insurance company to get them to take on the case.

They will try very hard to fob you off.

Don't agree, at any point, with their view that the case isn't likely to succeed.

Come back here when you need to, and I'll help you on how to get a binding merits decision.

IANAL.