developer problem

[razorfield]

Hello,

Property developers have started building on my land and are ignoring my calls. I have a garage space with no formal access to it on the deeds. This has been for decades and then the developer blocked off the access. I'm unable to get a prescriptive easement.
The building works are well underway and they have just built over my garage space without replying to my offer to come to some sort of deal. This seems idiotic to me.
I can apply to put a gate in the wall that borders my garage space and regain pedestrian access to the land from the neigbouring public path. I suspect the developers have not thought of this approach are bargaining on the fact the garage space is now land locked and I will have to capitulate.
I have a solicitor involved but the developer's solicitor is not communicating with him. He suggested calling them, which I have done multiple times to no avail, or pursuing a litigation route. Any suggestions?

@razorfield This sounds complicated. Why did you never establish a right of way to access the garage space? I think you can put a gate in a wall if you want to.

Did you not object when you saw the plans at pp stage? This all seems a problem very late in the day when you must have known pp was requested.

Are they actually building on land you own? Or are you saying that you were accessing your garage via land that is being built on and your garage is now landlocked? Did you own a ransom strip?

Hello, I couldnt establish a prescriptive easement as insufficient time had passed (17 yrs vs 20 yrs). I was unable to trace previous residents of the property.
It's a rental property and was unaware of the planning permission initially. However, I contacted the developers in the early stages and they agreed to strike a deal. Unfortunately they have reneged on their promise thus far. I falsely assumed they wouldnt start building until a deal had been agreed.

They are building on land I own (garage space) and land I have vehicular access rights over. Both the garage space and land with access are now land locked. I could reestablish access via installing a gate directly onto the garage space through a wall which borders a public path.
It's not a ransom strip as such but without acquiring my land and access rights they would not be able to build one of the properties they have planning permission for. The property in question will be a three story, 4 bedroom house with river front views, value circa £700K. This property is part of larger development of around 30 units.
My without prejudice offer was:
£25K + a new parking space within the development to acquire my garage space and for me to expunge my existing access rights. This offer was made in 2020 and they have studiously ignored it.

Council planning enforcement officer? They can issue a stop notice if conditions are breached.

So you never spoke to your local councillor or planning officer? At any stage. You rent this property out I assume. You cannot drive over the pavement to get to the garage space. You need to apply for a dropped kerb. I would speak to the planning authority enforcement officers immediately.

Have you a diagram?

Had another thought!

I think the big issue is a garage space with no access. How do you prove it’s a garage with no building on it and no access? It’s just a rectangle of land with no vehicular rights. So I would ask the planning department but I would look at how you can get a car onto it.