Rights of Way

A right of way is an easement that benefits the land and is a right exercised over land that belongs to another person. The right is not personal to an owner of land but is a right conferred on the land itself. However, it must be a right and not be confused with a permission as this will only amount to a licence.

A right of way is usually granted by a deed that should specify the extent and route of the right of way. Easements can also be acquired by long user under the Prescription Act 1832 or under the fiction of the doctrine of Lost Modern Grant or can be implied at law or by necessity.

Generally, a right of way involves the right to pass and repass over the servient land (the land subject to the right of way). That right of way must not be obstructed or in any way interfered with. Where there is an obstruction there is an action for wrongful interference with the right of way. In cases such as these the usual remedy sought is an injunction.

Difficulties often arise with rights of way where the deed of grant is not clear as to the width or extent of the right of way. Other issues that can arise are where there are issues of maintenance or failure to maintain or contribute towards the maintenance of the right of way, or where it is claimed that the right of way has been abandoned or extinguished.

Quinn & Co have experience of dealing with rights of way disputes and if you wish to discuss your case and see how we can help you please contact Joseph Quinn on 01392 248858 or email us at mail@quinnlaw.co.uk