- What is a right of way?
- How are easements created?
- What happens if somebody interferes with my right of way?
- How our property litigation team can help
- Myerson Property Portal
- Why Work With Our Property Litigation Team
- Contact Our Property Litigation Solicitors
- Our Property Litigation Team
- Latest Myerson Property Litigation News
What is a right of way?
A right of way, commonly known as an easement is the right for one owner to make use of land belonging to someone else in a specific manner or for a specific purpose, even though they do not own the land.
In the absence of a right of way or permission, utilising another person's land would generally be deemed as trespassing.
Nevertheless, a right of way is not a personal entitlement; it is linked to the land itself.
Another common easement is a right to light.
A right to light is a legal concept that grants property owners the right to receive natural light through their windows without obstruction.
How are easements created?
There are various ways in which an easement can be established, such as the following:
- By express grant – The easement may be documented through a Deed of Grant specifying the terms of the easement. Alternatively, the grant could be included as a clause in a conveyance deed or a transfer deed.
- By necessity – An easement by necessity is often seen in cases where a landowner cannot access their land without crossing neighbouring land.
- By prescription – where land has been used in a way capable of being an easement, the use has been as of right (without force, without secrecy and without permission) and been for a continuous period of 20 years.
What happens if somebody interferes with my right of way?
Interference with an easement is an action in private nuisance.
The party claiming the interference must show they are entitled to the benefit of the easement, the nature, extent and scope of the easement and that the interference is substantial.
The courts will not consider every infringement on your right of way to be actionable.
For legal action to be taken, the interference must be significant. If you can still utilise the right of way as conveniently and practically as you did before the obstruction, then it does not amount to substantial interference.
The remedies available if there is an interference in include:
- A declaration from the Court confirming the easement and defining the extent of it.
How our property litigation team can help
Our property litigation lawyers assess each matter on its own facts and will outline all of the options and advise you on the best course of action.
Myerson’s Property Litigation solicitors are experts at rights of way disputes.
We have advised on numerous cases for clients over the years as demonstrated in the experience section below.
If you have any issues that you would like to discuss further, please do not hesitate to contact a member of the Property Litigation team.
Myerson Property Portal
With the Myerson Property Portal, you gain a competitive edge in the rapidly evolving property landscape.
Our free portal will help you manage your properties with ease and efficiency by providing a seamless service wherever you are.
Not just a management tool, it's an essential companion for the modern investor seeking to optimise their portfolio while staying updated on the latest in the property world.
So, what are the benefits?
- Your own client area, giving you access to all your legal documents, conveniently accessible anytime, anywhere!
- Key legal information at your fingertips.
- Must read property news, blogs and videos.
- Access to free property events and training workshops.
- A comprehensive collection of helpful property documents and guides.
Why Work With Our Property Litigation Team
- We have been ranked as a top-tier law firm by the Legal 500 for the last seven years.
- You will have access to more than 30 property experts across the Myerson Property Group, including commercial property, construction, residential property conveyancing and development.
- You will receive city-quality commercial property legal advice at regional prices.
- We provide a partner-led service to ensure you receive the best legal advice and commercially-minded support.
- We have a large team which is capable of meeting your deadlines.
- We understand that each transaction is bespoke to your individual circumstances and that you need support from a property lawyer who is experienced in dealing with a wide variety of clients and types of work.
- We are a full-service law firm operating from a one-site office, which means our teams communicate effectively and efficiently.
- We use the latest technology to ensure that we are working as efficiently as possible and that geographical distance is no bar to us from providing excellent client service.
- We were the winners of ‘Property Team of the Year 2021’ at the Manchester Legal Awards.
- We provide free newsletters and webinars to all our clients to keep you up to date with the real estate sector and changes in the law. Watch our latest property update webinar here.
- Take a look at the Myerson Promise for further benefits of working with us here.
Our Property Litigation Team
Home-grown or recruited from national, regional or City firms. Our specialists are experts in their fields and respected by their peers.
Laura is a Partner and Head of our Property Litigation Team
Karen is a Senior Associate in our Property Litigation Team
Jennifer is an Associate in our Property Litigation Team
Vikki is a Solicitor in our Property Litigation Team
Latest Myerson Property Litigation News
Despite the COVID-19 pandemic seemingly having come to an end in recent times in the UK, uncertain times remain in the hospitality and leisure sector . However, this has led to an interesting property litigation trend in the landlord-tenant...Read Blog
The Building Safety Act was introduced due to the Grenfell disaster in 2017. Having obtained Royal Assent in April 2022, the Act’s primary aim is to control building safety risks in order to secure the safety of people within or around buildings...Read Blog
Thank you to everyone who attended our Myerson Annual Property Update 2023. Topics include: The state of the market and outlook for the next twelve months Reviewing the Building Safety Act 2022 Property insolvency in 2023 Case law update ESG issues...Watch Webinar