Substantial interference
You may need legal advice about whether there has been ‘substantial interference’ with a right of way and what you can do to hold your neighbour to account. You may simply wish for the interference to stop or you may require compensation for any loss you have incurred as a direct result of the interference.
Our right of way experts can provide you with practical, common sense advice in relation to resolving this sort of dispute with your neighbour. If the dispute cannot be resolved, we can also advise you about issuing court proceedings against your neighbour or what you can do if you are the one being taken to court.
The ultimate solution that is sought in these types of cases is what is known as an ‘injunction’ i.e. a final decision from a Judge which compels either one or both neighbours to act, or to stop acting, in a particular way.
Private right of way disputes
A right of way dispute generally occurs when a business or individual are being prevented from using a right of way, or their use of the right of way is being limited either in size or by obstacles such as a locked gate.
A private right of way over land can be either express, implied or long use
Express
An express right of way may be granted by a deed. The deed should indicate which property has the benefit of the right of way and which property must suffer the burden of that right. An express right of way must be created in writing, it must include all of the terms and it must be signed by the parties. If the extent of the right of way is unclear, the Court is likely to decide a dispute in favour of the person who wants to use the right of way.
Implied
Certain rights of way can be implied by the law or created by necessity. The Law of Property Act 1925 confirms that, when a property is sold, the land will include the benefits of any existing rights of way. Sometimes a right of way can be created because it is necessary for the use of that property.
Long use
If a right of way has been used for a long enough period of time then it may become recognised and legitimate.
