Defending against a demand for payment to access land

Paul was instructed by the owner of a plot of land being sued for a £5,000 ‘New Build Fee’ which, the Estate Owners claimed, had to be paid if he wished to access the plot with heavy machinery.

Paul successfully argued that that there was no basis in law for the claim because the Transfer of the plot expressly included an unrestricted right of way over the private estate roads.

The Court agreed, and rejected the Estate Owners’ arguments that there was any agreement to pay arising from correspondence between the parties, or that the purchase of a share in the Estate Management Company gave rise to any obligation to pay fees which had been imposed by the Company.