Rights of way are one of the most common issues that can lead to property disputes, yet finding the right solution can be challenging. It is essential to understand your legal position clearly and ensure that your approach balances the various issues involved so you can get an outcome that works for you as quickly and cost-effectively as possible.
Disputes over rights of way can arise where someone blocks the right of way, seeks to change the route or where it is claimed that the use is excessive or not in accordance with the right. If a right of way is being interfered with, it is important to consider whether or not the interference is substantial as this will have to be proven for a successful claim.
If you have a question or concern over a right of way on your property, including where a dispute has arisen, it is important to seek specialist legal advice as soon as you can. This can help you to avoid unnecessary conflict, time and expense while protecting your rights.
At Housing and Property Law Partnership (HPLP), we are experts in all areas of property law, with this being the sole focus of our firm. Our property lawyers can provide plain English advice on your rights and what action you can take to deal with a right of way dispute.
By focusing on good communication and Alternative Dispute Resolution (ADR) wherever possible, our team aim to make dealing with these complex issues faster, less costly and less stressful. However, where court proceedings are required, we can provide the firm representation you need to secure the best available outcome.
If you need expert advice on a right of way or right to light, please contact Mark Eaton.
DEALING WITH EASEMENTS AND RIGHTS OF WAY
Advice on rights of way
Where there is a potential right of way over your property, or a right of way over a neighbouring property that you rely on, getting clear legal guidance on whether a legal right of way exists can be essential.
Our property lawyers can review any deeds related to a right of way, as well as advising on where an implied right of way or right of way due to long use may exist. If you need to take action over a right of way, such as to enforce or remove it, we can advise you on your options.
Dealing with private right of way disputes
Should a dispute arise over a right of way, getting specialist legal advice promptly can save you a lot of unnecessary conflict, time and expense. Our property disputes team can advise you on your legal rights and options, then assist you in taking whatever action you believe is appropriate.
Wherever possible, we will seek a solution through constructive negotiation and Alternative Dispute Resolution (ADR), allowing you to avoid the need for court proceedings. However, should court proceedings be the most appropriate option for your situation, we can provide robust representation to help secure the best available outcome for you.
Ending a right of way
Removing a right of way can be complicated and will often rely on the parties benefiting from the right agreeing to its removal. This can sometimes be achieved through negotiation e.g. by agreeing to pay the benefiting party or parties to accept the termination of a right of way.
Our property lawyers can advise you on your options for extinguishing a right of way and guide you through the process for doing so, including representing you in negotiations with your neighbours and any other benefiting parties where required.
EASEMENTS AND RIGHTS OF WAY FAQS
What is a right of way?
A private right of way allows someone to pass and re-pass by foot and/or in a vehicle across land owned by someone else. It is a form of legal right known as an easement. Easements can be created by express grant in a deed of grant, a conveyance or transfer.
The express grant of an easement over registered land has to be completed by registration of the right at the Land Registry. An easement can also be created through long use (known as prescription).
How do I know if a right of way exists?
There are three main ways a right of way over a particular piece of land may be created:
Express rights of way – Where a right of way has been granted in a written deed. This deed must include the terms of the right of way and must have been signed by all relevant parties. When a property is sold, any existing right of way will continue to exist.
Implied rights of way – A right of way may be implied where it is necessary for the reasonable use of a property.
Rights of way due to long use – Where a right of way has been used for long enough (usually for 20 years or more) without challenge, then it is likely to achieve legal recognition.
What does a right of way allow?
This will depend on the situation, including what is specified in the relevant deed where one exists. However, in general, a right of way is the right to pass and repass over a particular piece of private land.
WHY CHOOSE HPLP FOR ADVICE ON RIGHTS OF WAY?
HPLP is a boutique law firm exclusively focused on property law. As such, our team has exceptional expertise in even the most niche legal matters relating to property.
Drawing on our decades of experience, we can provide clear, effective advice on all legal matters involving rights of way and easements. Taking a pragmatic approach based on our tried-and-tested expertise in these matters, we can find the swiftest, most cost-effective solutions possible to match your requirements.
Our team are very strong in the area of property dispute resolution, with a high level of skill in negotiation and Alternative Dispute Resolution (ADR). This means we can often resolve right of way disputes without the need for court proceedings, however, our team also have a very good track record with pursuing disputes through the courts where required.
GET IN TOUCH WITH OUR EXPERT PROPERTY LAWYERS IN LONDON
For experienced, expert advice on rights of way, please contact Mark Eaton.