Valuing an easement

[abc161172]

The back garden fence of my property in High Barnet has an easement over adjoining land, much to the discomfort of the landowner.

He wishes to develop the land and we are due to go to mediation next week to settle a legal wrangle instigated by the landowner to 'tie up' my easement.

The landowner had the adjoining land valued five years ago at between £5-10 million in terms of development value.

My property is worth c.£450,000.

When we sit down to agree a settlement next week, we have been led to believe the landowner will make an offer for the gate in the garden fence to be sealed up so that he can proceed with the sale of the land to developers.

Clearly a sale and subsequent development cannot go through while I have an easement over the property, but neither could I sell my house while embroiled in a legal dispute.

Does anyone know how much I should be looking for in terms of the value of my easement? All replies/suggestions gratefully received!

 

[deniser]

I don't understand your post. A fence can't have an easement. Do you mean you have a right of way through a fence over the adjoining land?

 

[abc161172]

Yes, the gate leads onto the adjoining land so therefore the easement arises out of the usage of the gate and onto the adjoining land up to the high street.

 

[deniser]

The value is difficult to determine. It's basically how much you can negotiate for yourself bearing in mind that if the developer goes ahead and builds over your right of way but provides a reasonable alternative route, you may only be compensated to the extent that you have lost something ie. nothing.

Is your right of way registered on your title or does it arise by way of prescription only ie. use for more than 20 years?

 

[abc161172]

Unfortunately, there is no prospect of an alternative route out of the fence as the landowner is adamant that he does not want my or any adjoining properties accessing the land.

The easement is gained over a period of 60 years since the property was built and I have written statutory declarations from previous owners and those of adjoining properties to say that they used their gates to access the land on a daily basis and without challenge since the properties were built.

Importantly, perhaps, the landowner acquired the land only 20 years ago and didn't not challenge usage at any point until the past couple of years. The previous owners of the land also never contested access onto it from gates in adjoining properties.

One neighbour was offered £10,000 and legals costs about five years ago to seal up the gate in their fence when they either sold or passed away, which they accepted.

I have taken legal advice and Counsel's opinion, who suggests that our case is rock-solid. The only solution, therefore, is to mediate a settlement next week, hence my question about how much the loss of the right may be worth given its material value to the property.

And my thanks for your input so far - it's all unchartered waters for me...