Rights of Way
Disputes may concern:
- Easements
- Access rights
- Obstruction
- Prescriptive claims
Applications for injunction or declaration may arise. The court may grant an injunction to prevent or remedy obstruction, or a declaration as to the existence and scope of the right.
What Rights of Way Disputes Involve
Rights of way disputes arise where there is disagreement about whether a right of access exists over land, what the scope of that right is, or whether it has been obstructed or interfered with. These disputes may concern express easements granted in a conveyance or lease, implied easements arising from the circumstances of a grant, or prescriptive rights acquired through long use. The issues may be factual, such as the extent and duration of use, or legal, such as the construction of title documents or the application of the law of prescription.
In practice, disputes may concern easements, access rights, obstruction and prescriptive claims. Applications for injunction or declaration may arise where one party seeks to prevent obstruction, remove an obstruction, or obtain a declaration as to the existence and scope of the right. These cases often require careful analysis of the title documents, the history of use and the physical layout of the land. Early advice can assist in identifying the real issue and the most effective route forward.
When Representation May Be Needed
Representation may be needed where a landowner is seeking to establish or enforce a right of way, where a landowner is resisting a claim to a right of way, or where there is dispute about obstruction or the scope of an existing right. It may also be required where an injunction is sought to prevent or remedy obstruction, where a declaration is sought as to the existence of a right, or where the dispute involves prescriptive claims and the evidence of long use.
The approach taken is clear and evidence-based. Rights of way disputes often turn on the detail of the documents, the site evidence and the chronology of use. Proper preparation assists in presenting the case in a way that allows the court to make an informed decision. Prescriptive claims require evidence of use as of right, without permission, for a continuous period of twenty years or more. Site visits and expert evidence may be necessary in some cases.
Direct Access and Litigation
Public Access accepted where suitable.
Acting Throughout England & Wales
Representation nationwide.