Owning property doesn’t necessarily mean an exclusive right to use it. Other people may have legal rights over the land which need to be observed. It’s an area of law which frequently leads to tensions and disputes.
A right of way is a legal right to pass over someone else’s property. There can be public rights of way across footpaths, for example. There can also be rights of way across private land, for instance a lane which leads to more than one property. Each has the potential to cause legal and practical problems for property owners.
People looking to buy property need to ascertain that they would have the right to access each part of that property in a way that would work for them. That’s the same whether the property is residential or commercial, and whether the purchaser is a private individual or a business. Title deeds and additional searches should reveal the extent of the permissions granted over the land, which should provide reassurance to purchasers. In other cases, prescriptive rights exist because a particular piece of land has a firm history of having been used for access.
Difficulties tend to arise when there are disagreements about whether a right of way exists, the extent of that right, and the obligations in relation to it.
Getting our property dispute lawyers involved as soon as a potential problem presents itself offers the best chance of nipping issues in the bud. Disputes about land can quickly become expensive and acrimonious, so our team gets to the heart of any problem quickly, designing the best possible solution for clients.
Some clients come to us because their legal right of way isn’t being honoured by a neighbouring landowner, or because that neighbour isn’t fulfilling their obligation to properly maintain the access route. Other clients come to us because a right of way is being abused, or because of issues about boundaries.
About our Right of Way Solicitors
In all situations where rights of way and access are causing problems for those that need them, or who may be bound by them, our lawyers can step in with pragmatic solutions. With court proceedings always a last resort, our team uses its skills in negotiation and Alternative Dispute Resolution to bring about effective results every time.
Please contact us to discuss how our property litigation solicitors might be able to help you.