• Right Of Access Easement Dispute

    By Guest on 11th May 2017

    Last year I bought a cottage with some land, it was previously one plot, a new title and easement was drawn up, splitting the land between me and my neighbour.(He has only just bought it) There is a right of access easement, but for some reason it has been put right through my massive tree. I have said he cannot remove it, and I am not moving the right of access to my garden. He has since found an historic access at the rear of his land meaning there is no necessity to come through my land anymore, I have asked him to relocate the access, he refuses because it will cost him a bit more money. I believe that because an error has clearly been made on the easement going through my tree, it should then make the easement null and void and a new one should be put in to the deed in place. I want him to use his rear access as coming through my garden will ruin the enjoyment of my land. He is saying that I HAVE to move the right of access into my garden. I think he should claim the costs from his conveyancer who should have picked up on the error regarding the access going through a 100 year old tree, therefore I think they should be liable for his extra costs to relocate the access. He has alot more money than me and has got a fancy lawyer to write my a threatening letter, saying he will take court action against me etc. Any advice would be really appreciated thanks

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