Right of way disputes are surprisingly common.
They can occur for a number of reasons, the most common being when someone is prevented from using a right of way, or their use of a right of way is restricted or blocked, e.g. by a locked gate.
Issues can in particular arise when a land owner asserts their rights over an access way, assumed to be a right of way, which may have been in place for many years without any previous interruption.
This is a particularly complex area of the law where the behaviour of the parties involved over many years can sometimes take precedence over the position as set out in legal documents. Actions taken – or action not taken – can have unexpected legal consequences.
It is therefore vital to seek expert legal guidance at the earliest opportunity, whether you have a suspicion that an issue may be brewing, or you are noticing friction with neighbours over an issue. Our team of legal professionals can discuss matters with you in detail, obtain from you all relevant information, involve specialist surveyors if necessary, and from the outset agree an appropriate and cost effective strategy for resolving the matter.
We would work with you to try to resolve the matter amicably in the first instance, or failing that, by way of mediation or other suitable form of Alternative Dispute Resolution. The costs and risks involved if the matter goes to Court are potentially horrific.
The best approach is to try to understand who legally has the rights to the land, and whether there is a solution that can be agreed on to ensure all parties are content with how the land will be used.
Our team can be reached using this contact form or by calling us on 0161 969 3131.
Private Right of Way Disputes for Individuals
From shared driveways to abandoned pathways and accessing land that requires passing through a neighbour’s boundary, we understand the multitude of catalysts for right of way disputes with other landowners.
With many people spending increased time at home through the pandemic lockdown and working from home, more and more right of way disputes are cropping up.
Our residential property disputes team are here to ensure that your issue can be resolved and that our client gets the best possible outcome. We will of course advise when an issue may not be worth paying the fees for, such as a petty fallout. We’re not here to make money off disputes which would be fruitless and not worth our time, or yours. Our team, however, are here to assist and guide you on the best possible approach to the right of way dispute you are facing, whether you are the land user or land owner.
Whatever the situation, we will take the most cost-effective and efficient route to help you and your neighbour come to an agreement before any issues escalate further.
Understanding Easements
An easement is the right of one landowner, for the benefit of their own land, to make use of land owned by someone else. An easement may take many forms, however the most commonly encountered easements are as follows:
- A right of way;
- A right to light;
- A right of support;
- A right allowing underground services for one property to pass beneath the land of another property.
Creation of Right of Way
An easement may be created in a number of ways:
- By express agreement or grant. A Deed of Grant will state the terms of the easement, or the grant may take the form of a clause in a conveyance deed or a transfer deed.
- An easement of necessity. A piece of land will have a right of way of necessity over a road, track or path leading to it if that route is the only means of access between the public highway and the piece of land.
- An easement may also be created by prescription. This happens when someone carries out an act (that is capable of being an easement) repeatedly, openly and without the other landowner’s permission for a period of at least twenty years.
Other General Principles
If there is any doubt as to whether or not an easement exists then the law tends to favour the existence of the easement.
An easement cannot be created as a result of an illegal act. Thus, the driving of motor vehicles across common land does not create a private right of way.
An easement is very difficult to extinguish and should be thought of as existing forever. An easement is said to “run with the land”, i.e. it cannot be sold separately from the land but must be passed on with the land whenever the land is transferred to a new owner.
It may be important to distinguish between private and public rights:
Private easement – the rights are restricted to a specific group of people with a ‘right of way’ easement.
For example, the owner of one property having the right to cross another person’s property to reach their own, but it wouldn’t be acceptable for the general public to do the same.
Public easement – rights available to the public at large, for example a ‘right to roam’ easement. This could be landowners or farmers giving permission for people to be able to cross their fields as part of a walking route if is it a common path, so long as no damage is being caused
Safety in Numbers?
The key thing we cannot stress enough is to take advice as soon as possible from a legal professional who deals with disputes day in, day out.
It may become evident when discussing your right of way dispute that your case could be strengthened by anyone else with an alignment of interest. If other neighbours are on your side, then you may be able to invite them as witnesses, or to contribute to the costs for the greater good, if you all feel strongly about resolving the dispute. The more who come forward to support your side of the debate, the more isolated the other party will be.
This is a generalisation of course, and will depend entirely on the circumstances. The primary person involved in the dispute should seek advice on this from a legal expert who will discuss the best possible approach and strategise with you towards a suitable outcome.
Contact a Solicitor
Whatever the nature of your right of way dispute, the first thing to do is contact a solicitor. A property dispute solicitor will deal with issues like yours every day, and as such will be experienced in identifying the most suitable approach.
The sooner you seek legal advice, the quicker you can put a plan into place to resolve the issue quickly and with as little venom from your neighbour as possible.
We want you to be able to live or work happily where you are, and don’t want a dispute to ruin relationships with other locals. Put the responsibility for your right of way dispute in the hand of our professionals and let them to the hard work to ensure you can resolve your issue effectively.
Call us on 0161 969 3131 or fill in our confidential contact form. One of the team will be in touch at the earliest opportunity.