I own freehold a plot of land which is burdened by an easement giving my neighbour vehicular access to the rear of his property.
This land is currently a clay based public footpath.
He has recently been granted planning permission to build on his land and therefore needs to use this footpath to access the new building.
He states that because permission has been approved that gives him the right to lay a concrete road across my land.
I am of the opinion that as the dominant tenement holder he only has a right to repair this land ,and does not have the right to develop it as it is owned by the servient tenemency owner.
Am I correct in my assumption?
Mike Cudmore
This land is currently a clay based public footpath.
He has recently been granted planning permission to build on his land and therefore needs to use this footpath to access the new building.
He states that because permission has been approved that gives him the right to lay a concrete road across my land.
I am of the opinion that as the dominant tenement holder he only has a right to repair this land ,and does not have the right to develop it as it is owned by the servient tenemency owner.
Am I correct in my assumption?
Mike Cudmore
