What can I do if my neighbour builds a structure that blocks my registered easement of access?
If a neighbour builds a structure obstructing your registered easement of access, you generally have legal remedies available rather than being left to simply work around the problem. The most common route is a court application, potentially seeking an injunction requiring the neighbour to remove the obstruction, along with damages to compensate for any losses the interference has caused you in the meantime.
What you shouldn't do is take matters into your own hands by removing the obstruction yourself without a court order. Even though you have a valid legal right to use the easement, self-help removal of someone else's structure carries real legal risk. You could end up facing a claim from the neighbour for damaging their property, regardless of how clearly they were in the wrong to build there in the first place.
The sensible first steps are documenting the obstruction thoroughly, photos, dates, and how it's actually interfering with your access, and getting legal advice promptly, since delay can complicate matters and a lawyer can advise on whether a firm demand letter might resolve things before a court application becomes necessary.
Key takeaways
- A structure blocking a registered easement can generally be addressed through a court application.
- Remedies typically include an injunction requiring removal and damages for the interference.
- Avoid removing the obstruction yourself without a court order — it carries real legal risk.
- Document the obstruction and get legal advice promptly rather than waiting or acting unilaterally.