We have an ongoing dispute with the complex next to ours through which we access the nearest public road.
Recently the complex changed the codes to the main gate and now the six freehold properties have to sign in to gain access to our properties. The problem is that after hours the guards are usually sleeping and people have had to wait up to twenty minutes to get in. There was an attempted high-jacking there about a year a ago and this poses a serious risk.
The properties used to be part of the same farm and through the Roman Dutch principle of "blokland" we have an automatic servitude over their property.
Would the restriction of access constitute spoliation?
Recently the complex changed the codes to the main gate and now the six freehold properties have to sign in to gain access to our properties. The problem is that after hours the guards are usually sleeping and people have had to wait up to twenty minutes to get in. There was an attempted high-jacking there about a year a ago and this poses a serious risk.
The properties used to be part of the same farm and through the Roman Dutch principle of "blokland" we have an automatic servitude over their property.
Would the restriction of access constitute spoliation?