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Question
Easement of necessity information only required.?
I have asked this question twice I know - but I would prefer information rather than judgements. Basically due to coastal erosion the vehicle access road to our homes will be closed by the council. 4 bungalows face the main road and are not really affected, 3 bungalows face the sea and will in the next few years be demolished, 6 bungalows will then be completely cut off from vehicle access however they will always have foot access. The private company that owns the land has been approached by a resident who has 15 years of business to business negotiation experience and at present there is a 50/50 chance of access. The company has stated they will allow emergency vehicles across their land should it be required. The company also has lots of rules and regulations for which we are all willing to abide by purely for private vehicle access only. It has been suggested to the company that a vehicle licence be granted which we are all willing to pay a fee to them to allow us private vehicle use. We are asking to start with 9 vehicles reducing to 6 across land for which we have all had prior access. The road in question is shared by the residents, the company and there patrons for access. The company also its own entrance leading to the main road. The road onto the company land has at present been barred however vehicle access is still available across the grass as part of the road itself is shared by residents and the company patrons. Whilst I fully understand it is private land and as such they do have the right to refuse an additional 9-6 cars amongst the 200/300/800 possible cars travelling across there land. I have a limited understanding of this easement of necessity. As I understand it - if we have always had access and will be totally landlocked in the future and we have professionally conducted ourselves - Do we really stand any chance in the High Courts if we absolutely have to take this action? Please be aware this is not something I really want to do - I am only looking for information so I do understand the full facts - I do know this is really a totally last resort but I would really like to know more about the facts/costs involved and whether this is really an option once all other avenues have been explored. Please dont repeat the previous comments I had about moving or how dare I force a land owner. I personally can continue living here for at least another ten years and I do not wish to force the land owner to do anything there are other reasons which I do not wish to put on here - all I am asking for is advice not a lecture Thank you.
1 month ago - 2 answers
Best Answer
Chosen by Asker
I answered your previous questions and my answers were purely factual. I'm sorry if you interpret it as a lecture, but the situation will not change just because you don't like the answers you get. I repeat my previous advice here: An easement of necessity is only relevant when a person sells part of their property. If an easement, such as access, is absolutely necessary it can be implied into the transaction. Your circumstances are unfortunate, but the private land is an innocent third party. Easements of necessity are irrelevant to these circumstances and there is no legal mechanism whereby one can be granted. Just because you once had access by one route does not give you an automatic right to use another route now the original one is gone. All you can do is negotiate with the land owner, and agree to any stipulations they make, including payment of any sum they choose to impose. As an alternative you could try to persuade your local council to effect a compulsory purchase to construst a replacement public access road.
by SimonC
1 month ago
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Other Answers
Best advice? All the property owners involved need to pool their monies and retain legal council period, the answer that you seek are never free let alone found on yahoo answers Even if you where given the correct answer some how, you could not quote yahoo answers in court or cite yahoo answers in your court brief To wit only a lawyer can give you the potential cost of litigation
by goz1111- 1 month ago



