Establishing Right of Way and Winning Nuisance Claim for Individual Clients

Our clients had used an access way on their neighbour’s property on a daily basis for many years. The neighbour moved out and there was an acquisition into the property with new neighbours.

The clients got on well with the new neighbours until the relationship broke down over planning permission the clients obtained for a new extension.

The clients’ neighbours later blocked the access way to the side of their property over which the clients had a right of way on foot. The clients wrote to the neighbours asking them to unblock it so that they could pass through. The neighbours failed to respond or cooperate.

The clients then went on holiday and, upon their return, they noticed that their neighbours had erected posts upon the land.

Franklins made a claim on behalf of the clients for a declaration that they enjoy an easement and an order requiring the neighbours to remove the posts they had erected.

We also made a claim for damages for nuisance.

We were successful in establishing that the clients enjoy a right of way over the vehicular access.

We also succeeded in the claim for nuisance because the neighbours had blocked the alleyway.

It is helpful to keep a record of correspondence with opponents in boundary disputes, to prove that initial personal resolutions were attempted in a calm manner.

It is important to seek help early before the situation escalates to avoid increased legal fees and resolve the matter sooner. Professionals in litigation are trained to deal with matters like this on a daily basis and can advise how to move forward and how to resolve these matters.