Counsel met with the client and her mother to discuss an ongoing dispute with neighbouring property owners. The neighbours have constructed a fence and shed across the area where the client’s gate previously stood, obstructing what is believed to be an easement. The gate is not visible from the client’s garden and lies outside the boundary. The client explained that the obstruction prevented scaffolding from being erected when they attempted to have the house painted, and that access was refused by the neighbours. The shed and fence were reportedly built in 2021, but the client only discovered them in 2022 due to a period of absence caused by illness. Upon discovery, the client consulted a solicitor who advised that no action could be taken. Counsel explained the legal concept of an easement and advised that while there appears to be one, confirmation is required through review of the title deeds and office copies. The client and her mother confirmed they are willing to pay for these documents.
The client is concerned about the impact of the obstruction on property value, particularly if they decide to sell in future. Counsel advised that valuation evidence may be useful if the matter proceeds to court. The client’s primary aim is to regain access to the gate and resolve the dispute.
Counsel advised that if an easement is confirmed, the client may be entitled to remedies including damages or an injunction. The recommended approach is to first seek resolution through correspondence, inviting the neighbours to remove the obstruction. If they refuse, legal proceedings will be initiated. Office copies and deeds will be ordered for the relevant properties. Once reviewed, counsel will write to the neighbours to seek settlement. If unsuccessful, proceedings will be commenced.
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