Kent Solicitors

A right of way is often the subject of dispute where it was granted years ago and the use, to which it is now being put, is alleged to be different / excessive

If there has been a radical change in the character / identity of the right of way, then clearly an injunction might be appropriate e.g. the grant of way was granted to give access to an isolated farm but is used by lorries accessing the semi - industrial buildings built on the farm land

If however, there is an intensification of use of the right of way, an injunction might only lie if there is a substantial increase in the burden on the land over which the right of way goes e.g. it might make a difference whether there are 3 or 30 houses built on the farm land and accessing the right of way.

Labels: Land right of way excessive use