We purchased a classic battle-axe property with a 5m wide easement running the length of the neighboring property. The previous owner of our property had never built any form of driveway but pointed out to us where we should drive.
On our first day moving into the property, we were accosted by the owner of the servient tenement who informed us we had driven on his property. He showed us the fencelines and he is in fact correct, as we had driven around a garden feature (small rock walls and shrubs) to enter the property and then as close to the fenceline as we could.
He told us he hadn't built the garden feature so we would need to get rid of it so we could drive within our 5m easement.
To keep the peace, we have hired an excavator to clear the area and to also build us a more structured gravel driveway the length of the easement.
He has stated in no uncertain terms that "nothing leaves this property" and wants us to have our excavator driver place all rocks dug up from the property in a pile on the other side of his property. Three of these rocks are too big (approx 2-3 tonne each) for the excavator to move so the driver has pushed them to the border of his property. They are not obstructing any access.
My questions are:
1. Is it our responsibility to remove this garden feature so that we have access?
2. Is he allowed to dictate where we place rocks dug from the ground? Do they belong to him?
3. He is very unhappy about the three large rocks where they stand, Is it his responsibility to hire a large enough excavator to move them to his desired location?
Many thanks in advance.
On our first day moving into the property, we were accosted by the owner of the servient tenement who informed us we had driven on his property. He showed us the fencelines and he is in fact correct, as we had driven around a garden feature (small rock walls and shrubs) to enter the property and then as close to the fenceline as we could.
He told us he hadn't built the garden feature so we would need to get rid of it so we could drive within our 5m easement.
To keep the peace, we have hired an excavator to clear the area and to also build us a more structured gravel driveway the length of the easement.
He has stated in no uncertain terms that "nothing leaves this property" and wants us to have our excavator driver place all rocks dug up from the property in a pile on the other side of his property. Three of these rocks are too big (approx 2-3 tonne each) for the excavator to move so the driver has pushed them to the border of his property. They are not obstructing any access.
My questions are:
1. Is it our responsibility to remove this garden feature so that we have access?
2. Is he allowed to dictate where we place rocks dug from the ground? Do they belong to him?
3. He is very unhappy about the three large rocks where they stand, Is it his responsibility to hire a large enough excavator to move them to his desired location?
Many thanks in advance.
