I have a question regarding a neighbour's planned development.
I live on an axe handle block and the "axe handle" is part of my title. The neighbor has the right of way and a pipeline, drainage, and cable easement over the axe handle. We share a driveway which partly extends across the "axe handle" and partly extends over the neighbours boundary adjacent to the "axe handle".
The driveway was built this way to preserve the established garden that runs down the outside side of the "axe handle". Because of this situation, my property was granted a right of way (including pipeline, drainage, and cable easement) over the portion of the driveway that extends over the neighbours title. So the situation is that there are 2 parallel easements with a driveway over the long joining boundary of both easements. The established garden is on the outside of the driveway system on my title, their easement.
The property in front has recently been sold and the new owner wants to subdivide their block (adding another block in front of them adjacent to the street. They propose to relocate all services to their existing dwelling and the new subdivided block up my "axe handle" which will necessitate destruction of the established garden.
I would prefer that the services were located under the driveway area and preferable on their title in the area that I have easement rights over in order to maintain the status quo and preserve the established garden. Is it reasonable to request or expect this?
Currently, both titles benefit from the established garden and there is no real reason to destroy the garden and locate services there other than the fact that the neighbor has service rights over that area. The services could easily be located on the neighbours title in the area that I have easement rights as those easement rights prevent construction on that area anyway.
Legal opinion much appreciated.
Thanks,
I live on an axe handle block and the "axe handle" is part of my title. The neighbor has the right of way and a pipeline, drainage, and cable easement over the axe handle. We share a driveway which partly extends across the "axe handle" and partly extends over the neighbours boundary adjacent to the "axe handle".
The driveway was built this way to preserve the established garden that runs down the outside side of the "axe handle". Because of this situation, my property was granted a right of way (including pipeline, drainage, and cable easement) over the portion of the driveway that extends over the neighbours title. So the situation is that there are 2 parallel easements with a driveway over the long joining boundary of both easements. The established garden is on the outside of the driveway system on my title, their easement.
The property in front has recently been sold and the new owner wants to subdivide their block (adding another block in front of them adjacent to the street. They propose to relocate all services to their existing dwelling and the new subdivided block up my "axe handle" which will necessitate destruction of the established garden.
I would prefer that the services were located under the driveway area and preferable on their title in the area that I have easement rights over in order to maintain the status quo and preserve the established garden. Is it reasonable to request or expect this?
Currently, both titles benefit from the established garden and there is no real reason to destroy the garden and locate services there other than the fact that the neighbor has service rights over that area. The services could easily be located on the neighbours title in the area that I have easement rights as those easement rights prevent construction on that area anyway.
Legal opinion much appreciated.
Thanks,
