Easement - neighbour building walls & door in my garage

[rossirossi]

I own a coach house style property that I let out, basically a detached apartment above 3 garages. Legally I own all three garages but two of them have an 'easement' for the use of my neighbours (when originally built they were all open garages no doors)I have done a property inspection today to find that one of my neighbours has put a garage door on my garage & built a partition wall out of osb Board. Where do stand with this? Can I tear it all down as the wooden wall is a fire risk to my tenants sleeping above? He's also drilled into my walls to get this all attached. Any help would be greatly appreciated

 

[^woody^]

Is it actually contrary to any specific conditions of their use of the garage?

When you say the easement grants them rights to use the garage, are you charging rent for this or is it totally free use?

It may well be that they have an implied right to secure the garage. OK, they would normally need permission from you, but that should not be withheld unreasonably. Drilling holes is also not an issue as long as they are made good when they vacate.

I'm also not sure how an OSB wall can be a fire risk in a garage. It wont spontaneously combust. The floor above is fire resistant isn't it?

So no, you can't just tear it down, but you may be able to request it is removed. Or they may be able to request it stays.

 

[rossirossi]

Thanks for the reply

I am not charging them for the garage as its a new build & as far as I am aware the have a right of way into the garage.. I'm just the legal owner of it. I'm unsure of the exact wording re whether they are allowed to build walls/door. I will have to look into the paperwork. I was unhappy with it as it looks untidy & one garage out of the three having a door looks odd. Cheers for advice

 

[^woody^]

Yes it all depends on the agreement that you have.

What it looks like is also a consideration as it could, if bad, affect the value of your property.

If there is nothing specific, and there is no charge for the garage's use, then you may well be able to insist on it's removal and reversion to just the shell as the user has no rights other than to use as a garage, and you no obligation other than to allow use.

It's an odd arrangement you have there. But check the easement conditions.

Do the deeds refer to this as a "garage"? A garage implies a door, and may carry more weight for the person to add a door. As it is/was, it seems more like a "car port" - which does not have a door. Also, converting a carport to a garage may well involve planning permission.