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ClamoakFarm,

Bere Alston,
Yelverton,
Devon.
PL20 7BU
11/07/18

Beers Solicitors,
North Quay House,
Sutton Harbour,
Plymouth,
PL4 0RA

Dear Sirs,

Re: Your clients: Mr R E Thatcher & Mrs S E Thatcher of ‘The Hayloft’ Bere Alston, PL20
7BU.

In reply to your letter of the 09/07/18 concerning your above clients request for permission
for their builders to entry onto my property to point your clients wall adjacent to my court
yard, I raise no objections subject to Clause 2 © of the 1986 conveyance being respected.
However, your clients have also requested permission to dig a trench along the base of the
said wall. My understanding is that entry on to a property via the Access to Land Act 1992 is
that such an entry is for basic repairs only, whereas excavating a new trench could be
construed as new works, hence my refusal.

There is also the matter of compensation. The Access to Land Act 1992 states that the
dominant land owner might be required to pay compensation to the servient landowner in
return for granting access. In the current situation, although working on my land, I will have
no control over the people doing the work as the builders are in the employ of your clients.
As I will not be in control I would expect compensation in the event of any the loss of
amenity value suffered to my property; damage to plants shrubs or trees or existing
structures etc. I would also suggest that both parties employ a qualified person to inspect
the site before and after completion of the said works to establish any losses suffered by the
servient landowner.

In my letter to your clients dated the 20/06/18, in an attempt avoid any future long drawn
out argument regarding compensation, suggested that before the commencement of any
works I am given a signed undertaking by your clients to the effect that they will make good
any damage or loss of value caused to my property by your clients proposed repair works.

Yours faithfully,

T.F.E.Young

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