Swabey & Co.

A MORE PRACTICAL APPROACH

Rights of Way

Rights of Way

Disputes in relation to rights of way are common and arise in relation to city premises as well as in relation to country estates with extensive land.

A right of way is a form of easement which can arise through specific grant; deemed grant for example under Section 62 of the Law of Property Act 1925, and also in some cases through prescription involving unchallenged use of the right over a number of years.

In relation to such disputes it is important to see whether a negotiated settlement can be reached since litigation between neighbours can be particularly damaging not only in terms of its financial cost but also due to its detrimental effect on good neighbourly relations. As in all contentious cases, it is important at an early stage to have a good understanding of the relevant law and to consider objectives clearly alongside the practical realities of the case.