Rights of way can take various forms – roads, tracks paths. Some are well maintained while others are barely visible. The issues arise where rights of way impinge on a property owner’s use of their own land, or conversely, someone restricts a right of way used by others. The result can mean that the relevant rights need to be identified and agreed on and the positioning of boundaries then need to be determined.
Easements give rights to use, or have access over, land which belongs to someone else, while not enjoying ownership of that land. A typical example is when two properties share a driveway, owned by one property with a right of access granted to another. Often there are easements allowing service to pass across someone else’s land. Easements can come about in a number of ways and it is necessary to understand the legal standing and extent of what exists.
If there is a dispute or issue that needs to be resolved, it may involve a surveyors carrying out an on-site inspection and possibly preparing a plan;; researching historic evidence; advising as to a potential solution and, working with your legal advisors, providing advice as to your position.