Easements

A Right of Way is usually expressed as "a right to pass and re-pass"

It means just that. It is not a right to load/unload or a right to park. These are separate rights.

The exact wording of the Right of Way is important.

A Right "for all purposes" may be very different from "a right to gain access to the dwelling house known as ...", especially if the proposal is to build extra houses in the gardens.

The circumstances as at the date of the grant of the Right of Way must be taken into account.

An intensification of user may not be justifiable e.g. a Right of Way to gain access to a single dwelling house may not support a Right of Way to get to a development of thirty houses.

Mere non-use of the Right of Way will not mean it has been given up. There must be something more to indicate that it has been abandoned.

The person using the Right of Way has the right to repair it to the extent necessary to exercise his Right.

There is no general right to improve the Right e.g. to tarmacadem a previously rough surface. However, the Landowner might not complain.

The Landowner is not obliged to repair the Right of Way, although he may be held liable for any injuries or damaged caused, if he ignores a dangerous situation.

No contribution towards the cost of upkeep is payable unless specified in the wording.

The width of the Right of Way should preferably be stipulated.

Temporary partial obstruction by the Landowner might not be grounds for complaint.

If you only have a Right of Way, you should not obstruct the Right of Way.

In certain circumstances, the Landowner might be able to place a gate across the Right of Way.

If the gate is padlocked, then the Landowner must provide a key

The person with the benefit of the Right of Way has to put up with the inconvenience of locking and unlocking the gate each time he passes and re-passes.

When purchasing land, which has the benefit or burden of a Right of Way, it is important to ask the Vendor for correspondence concerning and disputes about the Right of Way.

Disputes between neighbours over Rights of Way lead to much aggravation and can substantially affect the value of both properties.

Easements

A Right of Way is usually expressed as "a right to pass and re-pass"

Related topics you may find useful:

Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to set up an appointment